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THE
OFFICE OF THE NATIONAL ASSEMBLY OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.
101/VBHN-VPQH
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Hanoi,
August 26, 2025
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VIETNAM MARITIME CODE
Vietnam Maritime Code No.
95/2015/QH13 dated November 25, 2015 of the National Assembly of Vietnam,
coming into force from July 01, 2017, is amended by:
1. The Law No. 35/2018/QH14 dated
November 20, 2018 of the National Assembly of Vietnam providing amendments to
some articles on planning of 37 laws, coming into force from January 01, 2019;
2. The Pricing Law No. 16/2023/QH15
dated June 19, 2023 of the National Assembly, coming into force from July 01,
2024;
3. The Law No. 81/2025/QH15 dated
June 24, 2025 of the National Assembly providing amendments to the Law on
Organization of People’s Courts, coming into force from July 01, 2025.
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly of Vietnam
hereby promulgates the Vietnam Maritime Code[1].
Chapter I
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Article 1. Scope
1. This Code provides for maritime
operations, including regulations on sea-going ships, seafarers, seaports,
navigational channels, dry ports, marine transportation, maritime safety and
security, environmental protection, state administration of maritime and other
operations relating to use of ships for economic, cultural, social, sports,
official duty and scientific research purposes.
Military vessels, official duty
ships, fishing vessels, inland watercraft, submarines, submersibles,
hydroplanes, floating warehouses, movable platforms, floating docks, military
ports, fishing ports and harbors, and inland waterway terminals, shall only be
subject to this Code in the event that this is specifically provided for by
this Code.
2. Where there is any difference
between regulations enshrined in this Vietnam Maritime Code and other
regulations on the same content relating to maritime operations, the first
shall prevail.
Article 2. Regulated entities
This Code shall apply to Vietnamese
organizations or individuals; overseas organizations or individuals engaging in
maritime operations within the territory of Vietnam.
Article 3. Rules of application
of laws in case of conflict of laws
1. Any legal relation concerning
the ownership of property onboard a ship, ship charter-party, seafarer
employment contract, passenger and baggage carriage contract, division of
remunerations paid for rescue service between the owner of a rescue vessel and
all crew members working onboard such rescue vessel who save and salvage
property sunk in international waters, or cases that may happen onboard a ship
underway in international seas, shall be governed by laws of the country of
which the national ensign is flown on that ship.
2. Any legal relation concerning a
common loss shall be subject to the laws effective in the location where a ship
ends its journey immediately after such loss occurs.
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Any legal relation concerning a
maritime accident, collision or emergency case, or rescue activities that take
place in international waters shall be governed by the laws of the country of
which the Arbitral Body or Tribunal first handles dispute settlement
proceedings.
Any maritime accident or collision
that occurs in international waters between ships of the same nationality shall
be governed by the laws of the country whose national ensign is flown by these
ships.
4. Any legal relation concerning a
freight shipping contract shall be governed by the laws of the country to which
freight is shipped as agreed upon in this contract.
Article 4.
Definitions
For the purposes of this Code,
terms used herein shall be construed as follows:
1. Watercraft refers to
means operating above or under water surface, including ships, vessels and
boats, and others with or without any engine.
2. Official duty ship refers
to purpose-built watercraft used for performing state-assigned public duties
without serving commercial purposes.
3. Submarine refers to a
means capable of independently operating above and under water surface.
4. Submersible refers to a
means capable of underwater operations assisted by another means or equipment
operating above water surface or on the shore.
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6. Mobile offshore unit refers
to a floating structure specially designed to serve the purpose of exploration,
extraction activities and marine operations.
7. Floating dock refers to a
floating structure which is not self-propelled one and is used for lifting and
commissioning watercraft to serve the purpose of ship building, repair and
overhaul.
8. Port land area refers to
an enclosed area of land used for constructing wharves, warehouses, storage
yards, facilities, work offices, service establishments, traffic,
communications, electricity and water supply systems, and other auxiliary
facilities as well as installing necessary equipment.
9. Port water area refers to
an enclosed area of water used for forming the sea space facing against
wharves, or used as turning basin, anchorage, transshipment, storm shelter,
pilot embarkation or disembarkation, phytosanitary inspection area,
navigational channel, and for construction of other auxiliary facilities.
10. Port terminal refers to
an area which is composed of an area of land and an area of water in a seaport
and is used for constructing wharves, warehouses, storage yards, facilities,
work offices, service establishments, traffic, communications, electricity and
water supply systems, and an area of water facing against wharves, navigational
channels and other auxiliary facilities. A port terminal includes one or a lot
of wharves.
11. Wharf refers to a fixed
or floating component of a port terminal which is used for anchoring vessels,
handling cargoes, embark and disembark passengers as well as providing other
maritime services.
12. Dry port refers to a
component of traffic infrastructure system which plays its role as a center of
transportation activities associated with operations of seaports, airports and
inland waterway ports, rail terminals, land border gates, and concurrently functions
as the port of departure or arrival of goods transported by sea.
13. Anchorage refers to an
area of water which is formed and made known to the public in order for ships
to anchor before landing at the wharf, floating warehouse, entering into the
transshipment area or passing the navigable channel or rendering other
services.
14. Transshipment area
refers to an area of water which is formed and made known to the public as well
as serves the purpose of cargo and passenger transshipment and rendering of
other maritime services.
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16. Pilot embarkation and
disembarkation area refers to an area of water which is formed and made
known to the public in order for ships to carry out pilot embarkation and
disembarkation.
17. Quarantine area refers
to an area of water which is formed and made known to the public in order for
ships to anchor to perform quarantine activities in accordance with laws and
regulations.
18. Turning basin refers to
an area of water which is formed and made known to the public in order for
ships to turn around.
19. Navigational channel refers
to a limited section of an area of water which is determined by maritime
signaling systems and other auxiliary facilities to ensure safety for
operations of ships and other watercraft. Navigational channels include
public and dedicated navigational channels.
20. Public navigational channel refers
to the navigational channel which is invested in, developed, managed and
operated to serve the purpose of marine operations.
21. Dedicated navigational
channel refers to the navigational channel which is invested in, developed,
managed and operated for the purpose of dedicated port activities.
22. Maritime signaling system refers
to maritime instructional facilities or equipment, including warning or
cautious images, lights, sounds and radio signals, which are formed and
operated in order to provide safety instructions for ships.
23. Domestic maritime transport means
the carriage of cargo, passengers and baggage by sea between points of
departure and arrival located within the territorial waters of Vietnam.
24. Maritime infrastructure includes
infrastructural systems of seaports, offshore oil ports, navigational channels,
maritime support systems, maritime signaling systems, electronic maritime
information systems, sea wave and sand prevention embankments, flow redirection
embankments and other marine structures which have been invested in,
constructed or established within seaport water areas and territorial waters of
Vietnam to serve the purpose of marine operations.
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Article 5.
Negotiating rights in contracts
1. Parties to contracts concerning
maritime operations have rights to enter into private negotiations, unless
otherwise restricted by this Code.
2. Parties to contracts relating to
maritime operations under which there is at least one party that is an overseas
organization or individual shall have rights to negotiate which foreign law or
international maritime practice governs contractual relations, and to decide on
the Arbitral Body or Tribunal in either of countries or in a third country for
dispute settlement purposes.
3. If stipulated by this Code or
agreed upon by parties in contracts, foreign laws may be applied in Vietnam
with respect to contractual relations pertaining to maritime operations
provided that such laws are not inconsistent with basic rules of Vietnamese
laws.
Article 6. Maritime operation
rules
1. Maritime operations must comply
with regulations enshrined in this Code, other regulations of Vietnamese laws
and the international agreements to which the Socialist Republic of Vietnam is
a signatory.
2. Maritime operations must ensure
maritime safety and security; national defense and security; protection of
interests, sovereignty, sovereignty right and jurisdiction of the Socialist
Republic of Vietnam.
3. Maritime operations must be
consistent with the national socio-economic development strategy and the
scheme, planning and proposal for traffic and transportation development.
4. Maritime operations must ensure
economic effectiveness in collaboration with protection, regeneration and
sustainable development of natural environment and landscape.
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1. The State shall adopt regulatory
policies on maritime development for maritime economic development and national
defense purposes.
2.[2]
Prioritize development of maritime infrastructure by adopting preferential
policies applied to the comprehensive planning for seaport system development,
detailed planning for a cluster of seaports, ports, wharves, mooring buoys and
dedicated waters, detailed planning for development of seaport land and waters
and planning for development of inland port system, and attraction of capital
invested in construction and operation of such maritime infrastructure.
3. Prioritize
development of the fleet of ships for sea transportation through incentive
policies on taxes and loan interest rates imposed for investment in development
of such fleet and sea transportation activities.
4. Prioritize development of
maritime workforce; development of crew members that can meet domestic and
international demands by adopting seafarer training and education policies;
employment standards and benefits of seafarers.
5. Enhance international
cooperation, promote participation in international maritime organizations, and
sign, join and implement international maritime agreements.
6. Stimulate research into and
transfer of advanced and modern scientific and technological applications in
the maritime sector.
7. Encourage every organization or
individual to invest in developing the fleet of ships, seaports and
shipbuilding industry; involvement in provision of public services in the
maritime sector and perform other maritime operations in accordance with
Vietnamese laws and regulations.
Article 8.
Domestic Maritime Transport Rights
1. Cargo, passengers and baggage
transported domestically by sea shall be carried by Vietnamese-flagged vessels.
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2. Domestic transport which is not
subject to regulations laid down in Clause 1 of this Article shall be allowed
under the following circumstances:
a) Carry overmass and oversized
freight or other cargo by dedicated ships; ease cargo, passenger and baggage
congestion in ports when Vietnamese-flagged ships stipulated in Clause 1 of
this Article do not have capacity for transporting them;
b) Carry passengers and baggage
from cruise ships to the mainland and in the opposite direction by using feeder
ships of these cruise ships;
c) Serve the purpose of preventing
and mitigating natural disasters and epidemics, or providing urgent
humanitarian aids.
3. The Minister of Transport of
Vietnam shall set regulations on licensing authority and procedure for ship
operations as referred to in Clause 2 of this Article.
Article 9.
Elements of state port authority
1. Draw, approve, adopt and direct
implementation of the scheme, plan, strategy and policy for maritime development
in accordance with laws.
2. Introduce and conduct
implementation of documents on legislation, standards and national technical
regulations as well as maritime economic—technical norms.
3. Manage investment, construction
and conduct operation of seaports, navigational channels or sea lanes in
accordance with laws and regulations’ Announce the opening and closure of
seaports, port water areas and areas under the management of the Port
authority; announce port terminals, wharves, water regions or areas as well as
other maritime facilities are put into operation.
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5. Conduct registration and
inspection of ships and registration of rights to ships. Manage design,
shipbuilding, ship repair, demolition, operation, export and import of ships
and equipment or materials used for maritime operations.
6. Issue, recognize and revoke
professional certificates of seafarers, certificates of maritime technical
safety and security, labor and environmental pollution prevention of ships,
seaports and other relevant documents or materials relating to maritime
operations.
7. Administer the work of training
and drilling for maritime workforce development.
8. Manage scientific and
technological activities in the maritime area; protect environment;
environmental protection, natural disaster prevention and sheltering as well as
response to climate change in maritime operations.
9. Manage price, fee and charge in
the maritime sector.
10. Conduct the work of maritime
rescue and life-saving activities; salvage of sunken property; investigation
and handling of maritime accidents and emergencies, assurance of maritime
safety and security and sea environment pollution prevention.
11. Establish maritime cooperation.
12. Inspect, examine and resolve
complaints or accusations as well as handle violations in maritime operation in
accordance with laws and regulations.
Article 10.
Responsibilities for state port authority
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2. The Ministry of Transport of
Vietnam shall take responsibility to the Government for carrying out its state
port authority.
3. Competent maritime regulatory authorities
directly affiliated to the Ministry of Transport of Vietnam shall assist the
Minister of Transport of Vietnam in carrying out state port authority in
accordance with laws and regulations.
4. Ministries and ministerial
agencies shall, within their assigned duties and delegated powers, cooperate
with the Ministry of Transport in state port authority.
5. The People’s Committees at all
levels shall, within the ambit of their assigned duties and delegated powers,
carry out state port authority duties at their localities under their
management.
Article 11. Maritime
inspectorate
1. The maritime inspectorate
directly affiliated to a competent state regulatory agency must perform its
function of specialized maritime inspection.
2. Maritime inspectorate shall be
assigned and vested with respectively duties and powers as follows:
a) Inspect compliance with
regulations enshrined in maritime laws and related international agreements to
which the Socialist Republic of Vietnam is a signatory;
b) Prevent, detect, terminate and
settle violation acts that may arise in maritime operations;
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d) Implement other duties and
powers in accordance with laws.
3. Inspectors of the maritime inspectorate
shall be issued inspector's identity card, provided with uniforms, badges,
support equipment and instruments in accordance with laws.
4. The maritime inspectorate shall
operate under the provisions of this Code, laws on inspection and related international
agreements to which the Socialist Republic of Vietnam is a signatory.
Article 12. Prohibited acts in
maritime operations
1. Harm or pose threatened harms to
national sovereignty and security.
2. Carry people, goods, baggage,
weapons, radioactive substances, hazardous discarded substances and narcotics
in contravention of laws.
3. Intentionally create obstacles
which can pose dangers or obstructions to maritime traffic.
4. Use and operate ships which have
not been registered or inspected or exceed the validity duration of
registration and inspection; use counterfeit registration and inspection.
5. Refuse to participate in
maritime search and rescue activities if practical conditions permit.
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7. Infringe upon life, health,
honor and dignity of persons aboard ships; embezzle and intentionally damage or
ruin property aboard ships; take flight after causing any shipwreck.
8. Cause the public disorder,
impede or react against implementation of duties of law enforcers onboard ships
and at seaports.
9. Destroy, damage, disassemble or
steal components, parts, raw materials, building materials and equipment of
maritime construction works.
10. Damage, destroy and
intentionally move or reduce the efficacy of maritime signaling systems.
11. Explode bombs or other
explosive materials within the boundaries of a seaport, port water area or
navigational channel without authorization granted by competent authorities.
12.[3]
Illegally build and operate seaports and other structures within the boundaries
specified in the comprehensive planning for seaport system development,
detailed planning for a cluster of seaports, ports, wharves, mooring buoys and
dedicated waters, detailed planning for development of seaport land and waters,
planning for development of inland port system and other relevant planning in
accordance with regulations of the law on planning, and within navigational channels
and safety perimeter of maritime works.
13. Develop
construction projects which may reduce or eliminate effects of maritime
structures.
14. Commit abuse of title, position
and authority to contravene regulations on port authority; abet and screen persons
who commit violations against maritime laws from any punitive measures.
Chapter II
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Section 1. GENERAL PROVISIONS
Article 13. Sea-going ships
Sea-going ship (hereinafter
referred to as “ship”) refers to floating movable means specially designed for
operations at sea.
Ships referred to in this Code
shall not include military ships, official duty ships, fishing ships, inland
watercraft, submarines, submersibles, hydroplanes, floating warehouses, mobile
offshore units and floating docks.
Article 14. Vietnamese-flagged
ships
1. Vietnamese-flagged ship means a
ship which has been registered in the Vietnam National Ships Registration Book
or permitted by an overseas Vietnamese mission to provisionally fly the
Vietnamese flag.
2. Vietnamese-flagged ships shall
have the right and obligation to fly Vietnamese national ensign.
3. Only Vietnamese-flagged ships
are entitled to fly Vietnamese national ensign.
Article 15.
Shipowners
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2. Bareboat manager, operator or
charterer shall be allowed to exercise rights and fulfill obligations as a
shipowner prescribed by this Code as agreed upon with a shipowner.
3. An organization authorized by
the State to manage and operate ships shall be entitled to apply regulations
laid down in this Code and others set forth in relevant laws, which is the same
as a shipowner.
Article 16. Flying of ensign
aboard vessels
1. A Vietnamese-flagged ship must
fly the national flag of the Socialist Republic of Vietnam as an ensign aboard
it.
Other watercraft operating within
the boundary of Vietnam’s seaports must fly the national flag of the Socialist
Republic of Vietnam as an ensign aboard it.
2. A watercraft with the national
ensign of an overseas country operating within the boundary of a Vietnam’s
seaport must comply with applicable regulations of Vietnam when it desires to
fly its national flag or blow its horn on its national celebrations.
3. The Government shall elaborate
this Article.
Section 2. SHIP REGISTRATION
Article 17. Registration of
Vietnamese-flagged ship and registration form
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2. Forms of registration of
Vietnamese-flagged ship shall be included as follows:
a) Indefinite registration of ship;
b) Definite registration of ship;
c) Registration of information
change;
d) Temporary registration of ship;
dd) Registration of ship under
construction;
e) Registration of small-sized
ship.
Article 18. Rules of ship
registration
1. Registration of
Vietnamese-flagged ship must be carried out according to the following rules:
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A ship of a foreign organization or
individual conforming to conditions defined in Article 20 of this Code is
registered in the Vietnam National Ships Registration Book. Registration of a
Vietnamese-flagged ship owned by a foreign organization or individual includes
registration of flying of the Vietnamese national ensign and registration of
ownership of such vessel or registration of flying of only Vietnamese national
ensign.
A foreign-flagged ship hired by a
Vietnamese organization or individual under the bareboat charter and ship hire-purchase
agreement can be allowed to register flying of Vietnamese national ensign.
b) A ship which has been already
registered in overseas countries shall not be allowed to register flying of
Vietnamese national ensign, except when the preexisting registration has been
temporarily ceased or permanently erased;
c) Applications for registration of
Vietnamese-flagged ships shall publicly processed by agencies in charge of
registering Vietnamese-flagged ships (ship registration offices) with
collecting application fees; an organization or individual applying for such
registration shall be entitled to request registration excerpts or copies from
the Vietnam National Ships Registration Book, and shall be liable for paying
such fees.
2. A ship owned by a Vietnamese
organization or individual may be allowed to register flying of the foreign
ensign.
Article 19.
Types of ships subject to registration
1. Types of ships subject to
registration recorded in the Vietnam National Ships Registration Book include:
a) Engine-powered ship that has the
capacity of main engine of more than 75 kilowatt (KW);
b) Ship without engine which has
the total capacity of more than 50 GT, or gross tonnage of more than 100
tonnes, or has the design waterline length of more than 20 meters (m);
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2. Registration of types of ships
which are not governed under Clause 1 shall be stipulated by the Government.
Article 20. Eligibility
requirements for registration of Vietnamese-flagged ships
1. Ships must meet the following
requirements to be eligible for registration:
a) Legitimate written proof of
ownership of a sea vessel;
b) Certification of capacity and
certification of ship classification;
c) Ship’s name;
d) Certificate of temporary
suspension of registration or certificate of deregistration, which is
applicable to ships that have been registered abroad except for provisional
registration;
dd) Shipowner's business office,
branch or representative office located within the territory of Vietnam;
e) With respect to the initial
registration or re-registration of a foreign second-hand ship in Vietnam, its
age must be corresponding to the Government’s stipulated age of specific ships;
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2. With respect to registration of
flying of Vietnamese national ensign for a foreign-flagged ship hired by a
Vietnamese organization or individual under the bareboat charter or hire-purchase
agreement, in addition to conditions stipulated in Point a, b, c, d, e and g
Clause 1 of this Article, this bareboat charter or hire-purchase agreement must
be submitted.
Article 21. Naming of
Vietnamese-flagged ships
Vietnamese-flagged ship must be named
and this naming process must adhere to the following rules:
1. Name of a ship must be given by
its owner and is not allowed to be the same as other vessels' names which
appear in the Vietnam National Ships Registration Book;
2. Do not use name of the state
agency, armed force unit, political organization or socio-political
organization to create the whole or partial name of ship, unless approved by
this agency, unit or organization;
3. Do not use words or signs in
breach of historical, cultural, moral and traditional values.
Article 22.
Shipowner’s responsibilities for registration of Vietnamese-flagged ship
1. The shipowner shall be
responsible for submitting a full amount of documents, adequate and accurate
information about the ship which has been registered under Article 20 and 24
hereof to apply for registration to the competent ship registration office.
2. If the ship is newly
constructed, purchased, gifted or donated to, or inherited by a Vietnamese
organization or individual, its owner shall take responsibility for registering
the ship in accordance with applicable regulations.
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4. After completion of such
registration, the certificate of Vietnamese-flagged ship registration shall be
issued. This kind of certificate is considered as the proof of this ship's
flying of Vietnamese national ensign and its ownership status.
5. The shipowner shall be responsible
for notifying the ship registration office of all changes made to registration
information recorded in the Vietnam National Ships Registration Book in an
accurate, sufficient and timely manner.
6. Regulations laid down in this
Article shall apply to any Vietnamese organization or individual entering into
a bareboat charter or hire-purchase agreement.
Article 23. Registration of ship
under construction
1. The owner of a ship under
construction shall be vested with the right to apply for registration of this
under-construction ship in the Vietnam National Ships Registration Book and
shall be issued the certificate of under-construction ships. This certificate
shall not have legal value to replace the certificate of Vietnamese-flagged
ships.
2. A ship under construction must
meet the following requirements to be eligible for registration:
a) Contract for construction, sale
or purchase of under-construction ship must be available;
b) The ship under construction must
have its name;
c) The keel of the ship under
construction must be completely constructed.
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1. The Vietnam National Ships
Registration Book must have the following basic contents:
a) Old and new name of a ship;
office name and address of the shipowner; name and address of the branch or
representative office of the foreign-flagged shipowner located in Vietnam; name
and address of the office of the bareboat charterer or ship hire-purchaser;
name of the ship operator (if any); type of ship and its useful purpose;
b) Port of registration;
c) Registration number;
d) Registration date;
dd) Name and address of
shipbuilding factory and shipbuilding year;
e) Main technical specifications of
ship;
g) Ownership status and
ownership-related changes;
h) Date and reasons of
deregistration;
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2. All changes to the registration
contents referred to in Clause 1 of this Article must be clearly entered into
the Vietnam National Ships Registration Book.
Article 25.
Deregistration of Vietnamese-flagged ships
1. A Vietnamese-flagged ship shall
be deleted from the Vietnam National Ships Registration Book under the
following circumstances:
a) It is demolished, disassembled,
wrecked or sunken without possibility of salvage;
b) It has gone missing;
c) It fails to meet conditions for
flying of Vietnamese national ensign;
d) It has no longer had sea-going
capability;
dd) This removal is requested by
the shipowner or the person bearing the name in the application for
registration of ship.
2. For the purposes of regulations
laid down in Points d and dd Clause 1 of this Article, deregistration of a
Vietnamese-flagged ship which is being mortgaged shall be subject to the
mortgagee’s consent.
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Article 26. Specific provisions
on registration and deregistration of Vietnamese-flagged ships
The Government shall provide
detailed provisions on procedures for registration or deregistration of
Vietnamese-flagged ships; cases in which a ship owned by a Vietnamese
organization or individual is allowed for registration of its flying of the
foreign ensign; cases in which a ship owned by a foreign organization or
individual is allowed for registration of its flying of Vietnamese national
ensign.
Article 27. Registration of
official duty ship, submarine, submersible, floating warehouse and mobile
offshore unit
Official duty ship, submarine,
submersible, floating warehouse and mobile offshore unit shall be registered in
accordance with regulations laid down in this Section.
The Government shall elaborate such
regulation in this Article.
Section 3. INSPECTION OF
VIETNAMESE-FLAGGED SHIPS
Article 28. Inspection of
Vietnamese-flagged ships
1. Vietnamese-flagged ships must be
inspected, graded and issued the certificate of technical maritime safety,
security and conformity with conditions for assurance of maritime labor and
environmental pollution prevention by Vietnam’s inspecting organization or
overseas inspecting organization authorized by the Minister of Transport in
accordance with Vietnamese laws and international agreements to which the
Socialist Republic of Vietnam is a party.
2. The Minister of Transport of
Vietnam shall adopt statutory regulations on regulatory maritime safety and
security and conditions for assurance of maritime labor and environmental
pollution prevention applied to ships; introduce regulations on and conduct
implementation of inspection of Vietnamese-flagged ships.
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1. Vietnamese-flagged ships must be
inspected, graded, evaluated and issued the certificate of technical maritime
safety and security and conformity with conditions for assurance of maritime
labor and environmental pollution prevention when being newly constructed,
imported, converted, repaired or restored to normal working conditions and
during the operational process, which serves the purpose of ensuring technical conditions
in compliance with laws and regulations and international agreements to which
the Socialist Republic of Vietnam is a party.
2. Inspection and evaluation of
Vietnamese-flagged ships shall be conducted at the location where such vessels
are constructed, converted, repaired or restored to normal working conditions,
anchored or currently operated.
3. Vietnamese-flagged ships which
do not operate on international routes shall be inspected, graded and
accredited by certification in accordance with laws, technical regulations and
standards of Vietnam.
4. Vietnamese-flagged ships which
operate on international routes shall be inspected, graded and accredited by
certification in accordance with laws and international agreements to which the
Socialist Republic of Vietnam is a party.
Article 30. Types of ships
subject to inspections
1. Types of ships referred to in
Clause 1 Article 19 hereof shall be subject to inspections.
2. Inspection of ships which are
not prescribed in Clause 1 of this Article shall be subject to regulations
adopted by the Minister of Transport of Vietnam.
Article 31. Responsibilities
regarding ship inspections
1. The shipowner shall be
responsible for implementing regulations on ship inspection when these vessels
are constructed, imported, converted, repaired or restored to normal working
conditions and currently operated; ensure they conform to requirements of
technical maritime safety, security and conditions for maritime labor and
environmental pollution prevention during the interval period between two
inspections or evaluations under the provisions of laws and related
international agreements to which the Socialist Republic of Vietnam is a party.
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Article 32. Technical
supervision of Vietnamese-flagged ships
Ships which are newly constructed,
converted, repaired or restored to normal working conditions must be subject to
the technical supervision of technical quality and safety to ensure their
conformity to requirements set out in approved design documents, and relevant
certification, of an inspecting organization.
Construction, reconstruction,
repair or restoration of ships must be carried out at accredited facilities in
accordance with laws.
Article 33. Inspection of
official duty ship, submarine, submersible, floating warehouse and mobile
offshore unit
1. Official duty ship, submarine
and submersible shall be subject to inspection under the provisions of this
Section.
2. The Minister of Transport of
Vietnam shall adopt regulations on inspection and grant of the certificate of
technical maritime safety, security and conformity with conditions for
assurance of maritime labor and environmental pollution prevention in accordance
with Vietnamese laws and international agreements to which the Socialist
Republic of Vietnam is a party with respect to floating docks, storage
warehouses and mobile offshore units.
Section 4.
CERTIFICATION AND DOCUMENTATION OF SHIPS
Article 34. Certification and
documentation of ships
1. Ships must be accredited by the
certificate of sea-going registration, certificates in technical maritime
safety and security and conformity with conditions for assurance of maritime
labor and environmental pollution prevention in compliance with Vietnamese laws
and regulations and international agreements to which the Socialist Republic of
Vietnam is a party. Original copies of such certificates must be carried along
aboard ships underway at sea. Where these certificates are issued in an
electronic form, laws and regulations on electronic transactions shall be
applied.
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2. The validity period of each
certificate in technical maritime safety and security and conformity with
conditions for assurance of maritime labor and environmental pollution
prevention must be specified. This validity period may be extended to a maximum
of 90 days in the event that these ships are not, in fact, able to turn up at
the designated location of inspection but their actual technical conditions
remain conformable to standards of maritime safety and security and conditions
for assurance of maritime labor and environmental pollution prevention. This
extended period shall end immediately once these ships arrive at the designated
port for inspection.
3. Certificates in technical
maritime safety and security and conformity with conditions for assurance of
maritime labor and environmental pollution prevention shall be annulled if any
critical change that causes serious impacts on the capability of ships of
assuring maritime safety, security and conformity to conditions for assurance
of maritime labor and environmental pollution prevention may be made to these
vessels.
4. In the event that it is
established that a ship has failed to ensure maritime safety and security and
conformity to conditions for assurance of maritime labor and environmental
pollution prevention, maritime inspectorate and port authority shall be vested
with authority to temporarily suspend operations of ships, autonomously carry
out or request Vietnam’s inspecting organization to carry out technical
inspections of ships.
Article 35. Certificate of capacity
of ship
1. In order to operate within port
water area and Vietnamese waters, a Vietnamese and foreign-flagged ship must
have the certificate of capacity granted by an accredited Vietnamese inspecting
organization or foreign-flagged ship capacity measuring organization. The
certificate of capacity of ship must be consistent with Vietnamese laws and
regulations and international agreements to which the Socialist Republic of
Vietnam is a party.
2. Where there is any suspicion as
to the authenticity of the certificate of capacity of ship as defined in Clause
1 of this Article, competent authorities of Vietnam shall autonomously decide
or, upon the request of other relevant organizations or individuals, decide
re-examination of capacity of that ship. Once the result of such re-examination
is not consistent with the certificate of capacity of ship, the shipowner must
pay costs incurred by such re-examination. Once the result of such
re-examination is consistent with the certificate of capacity of ship, the competent
authority vested with authority to autonomously decide such examination, or
relevant organizations or individuals requesting such examination, must pay
costs incurred by such re-examination.
Section 5. SHIP OWNERSHIP
TRANSFER AND SHIP MORTGAGE
Article 36. Transfer of
ownership of ships
1. Transfer of ownership of ship
must be expressed in writing under the provisions of Vietnamese laws or laws of
the country where transfer of such ownership takes place.
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3. Upon completion of ship
ownership transfer, a ship and property aboard such vessel shall be assigned to
the ownership transferee, unless otherwise agreed by contracting parties.
The aforesaid property includes
physical objects and equipment aboard such vessel but exclude constituent parts
of such vessel.
4. Regulations on ship ownership
transfer shall be applied to transfer of ownership of share of a ship.
5. The Government shall adopt
regulations on conditions and procedures for transfer of ownership of a ship in
the form of ship sale and purchase.
Article 37. Vietnamese-flagged
ship mortgage
1. Ship mortgage refers to a
shipowner’s putting up his own ship as security for fulfillment of civil
obligations to the mortgagee without having to transfer such ship to that
mortgagee.
2. The shipowner shall have the
right to provide the mortgagee with a Vietnamese-flagged ship under his
ownership in accordance with regulations enshrined in this Code and other
relevant laws or regulations.
3. Agreement on Vietnamese-flagged
ship mortgage must be in writing. The ship mortgage must be consistent with
Vietnamese laws and regulations.
4. Regulations on ship mortgage
shall also be applied to mortgaging of a ship under construction.
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1. Transfer of ownership of a
mortgaged ship shall not be allowed, unless otherwise approved by the
mortgagee.
2. The shipowner must buy insurance
for mortgaged ship, unless otherwise agreed upon in the mortgage agreement.
3. If the mortgagee has transferred
the whole or a part of ownership of the debt secured by a ship secured by a
mortgaged ship to other person, such ship mortgage shall also be transferred in
an equivalent manner.
4. One ship may be mortgaged to
secure a lot of obligations if value of the mortgaged ship is greater than
total value of such obligations, unless otherwise agreed.
Priority order of ship mortgages
shall be determined, based on the order of registration of an equivalent ship
mortgage recorded in the Vietnam National Ships Registration Book.
5. The mortgaging of a ship owned
by two or more owners must be unanimously agreed by these owners, unless
otherwise agreed.
6. The ship mortgage shall be
terminated under the following circumstances:
a) Obligations secured by such
mortgage come to an end;
b) Such ship mortgage is cancelled
or replaced by other security alternatives;
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d) The mortgaged ship is subject to
total loss;
dd) As agreed upon by contracting
parties.
7. The mortgagee shall only keep a
copy of the certificate of registration of the mortgaged ship.
Article 39. Registration of
Vietnamese-flagged ship mortgage
1. Registration of
Vietnamese-flagged ship mortgage shall include the following basic contents:
a) Name, place of office of the
mortgagee and the shipowner;
b) Name and nationality of the
mortgaged ship;
c) Mortgage sum, interest rate and
debt repayment due date.
2. Mortgaging of a
Vietnamese-flagged ship shall become effective if such mortgaging is recorded
in the Vietnam National Ships Registration Book.
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4. Persons who register the ship
mortgage and those who use information about the ship mortgage shall be liable
for statutory fees.
5. The Government shall elaborate
registration of mortgaging of Vietnamese-flagged ship.
Section 6.
MARITIME LIEN
Article 40. Maritime lien
1. Maritime lien refers to the
right of the maritime claimant under Article 41 hereof which gives this
claimant a privilege to submit a claim for compensation against the owner,
charterer and operator of a ship in the event that there is any maritime claim
in connection with that sea–going vessel.
Maritime claim refers to a party
requesting another party to secure any obligation that may arise out of
maritime operations.
2. Any maritime claim that leads to
the maritime lien defined in Article 41 hereof shall hold higher position in
the priority order than other maritime claims secured by the ship mortgage and
other secured transactions.
3. The maritime lien shall be
exercised by the competent court’s decision to impound a ship in connection
with any maritime claim that leads to the maritime lien.
4. The maritime claimant shall be
vested with the right to keep custody of a ship to meet any maritime claim
referred to in Article 41 hereof even though such sea-going has been mortgaged
or the shipowner has performed other secured transactions to ensure other
agreed-upon obligations are secured.
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Article 41. Maritime claim
leading to maritime lien
1. Maritime claims on salary,
repatriation cost, social insurance contribution cost and other monetary amount
paid to the master, officer and other seafarers that belong to crew members
aboard a ship.
2. Maritime claims on compensation
for life, disability or other injury to human health in association with
operations of a ship.
3. Maritime claims on deadweight
tonnage charge, maritime safety charge and other seaport fees or charges.
4. Maritime claims on ship rescue
remuneration.
5. Maritime claims on
non-contractual property loss and damage directly relating to operations of a
ship.
Article 42. Priority order of
handling of maritime claims leading to the maritime lien
1. Maritime claims leading to the
maritime lien shall be handled in the priority order stated in Article 41
hereof; in the event that any claim on remuneration paid for rescue of a ship
comes after other maritime claims leading to the maritime lien, it shall take
higher position than these maritime claims.
2. Maritime claims leading to the
maritime lien provided for by the same Clause in Article 41 hereof shall take
equal positions in the priority order; in the event that distributed
remuneration amount is not affordable to pay for value of each maritime claim, the
ratio of value of a maritime claim to value of all claims shall be considered
as the basis for such payment.
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4. Maritime claims leading to the
maritime lien against a ship in relation to its final voyage shall be given
priority to be settled prior to maritime claims leading to the maritime lien in
relation to other voyages.
5. Maritime claims that may arise
out of the same employment contract in relation to multiple voyages shall be
settled along with those in relation to the final voyage.
6. With respect to maritime claims
on rescue remuneration amount as defined in Clause 4 Article 41 hereof, the
maritime claim that may arise after others shall be settled prior to other
maritime claims.
Article 43. Statute of
limitations for maritime lien
1. The statute of limitations for
the maritime lien shall be 01 year after the date of creating the maritime
lien.
2. The date of generating the
maritime lien as defined in Clause 1 of this Article shall be determined as
follows:
a) From the date of completion of a
rescue operation with respect to claims on rescue remuneration amount;
b) From the date of incurring any
loss with respect to claims on any loss and damage incurred by maritime
operations;
c) From the date of fulfilling
payment obligations with respect to other maritime claims.
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4. If the Tribunal is not capable
of impounding a ship within the inland or territorial waters of Vietnam to
protect interests of maritime claimants who permanently reside or whose main
offices are located within the territory of Vietnam, the statute of limitations
stipulated in Article 1 of this Article shall expire after 30 days from the
date of its first arrival at a Vietnamese seaport, but not exceed 02 years from
the date of generating that maritime lien.
Section 7. CONSTRUCTION AND
REPAIR OF SHIPS
Article 44.[4]
(abrogated)
Article 45.
Ship building and repair establishments
1. Ship building and repair
establishment refers to an enterprise which is established and operates under
legal regulations and must meet the following conditions:
a) Have appropriate facilities and
equipment; have the production and business plan to meet the demands for
construction and repair of different nature and size of ships;
b) Establish a supervision and
quality control department in order to ensure that products must meet all
quality, technical safety and environmental protection standards and
requirements in accordance with laws and regulations;
c) Have an adequate number of
personnel to meet production and business requirements;
d) Have the plan to fire and
explosion prevention, employment safety and sanitation, and the plan for environmental
pollution prevention which have been approved in accordance with laws.
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3. The People’s Committee at the
provincial level shall, within their permitted functions, duties and powers,
take responsibility to perform the state administration of operations of ship
building and repair establishments located within its locality in accordance
with prevailing regulations.
4. The Ministry of Public Security,
and the Ministry of Natural Resources and Environment, shall be responsible for
cooperating with the Ministry of Transport in provision of detailed guidance on
the plan for fire and explosion and environmental pollution prevention with
respect to ship building and repair establishments.
5. The Government shall elaborate
Clause 1 of this Article.
Section 8. SHIP DEMOLITION
Article 46.[5]
(abrogated)
Article 47.
Rules of ship demolition
1. The ship
demolition must take into account assurance of national defense, security,
maritime safety and security, labor safety, fire and explosion prevention, and
human health and environmental protection.
2. The ship
demolition must only be conducted at the licensed ship demolition establishment
in accordance with effective regulations.
3. The ship to be
demolished is not mortgaged or subject to any maritime claims.
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Ship demolition establishment
refers to an enterprise which is established under legal regulations and must
meet the following conditions:
1.[6]
(abrogated)
2. Have
technical facilities and equipment which facilitate the ship demolition;
3. Complete environmental impact
assessment tasks in ship demolition activities under the provisions of laws on
environmental protection.
Article 49. Detailed provisions
on ship demolition
The Government
shall elaborate ship demolition.
Chapter III
CREW MEMBERS AND SEAFARERS
Section 1. CREW MEMBERS
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Crew members refer to seafarers
subject to the manning requirements of a ship, including ship master, officers
and other professionals working onboard the ship.
Article 51. Responsibilities of
shipowner to crew members
1. Arrange an adequate number of
seafarers to meet the manning requirements of a ship and ensure that seafarers
must be provided with acceptable working conditions aboard the ship in
accordance with regulations laid down in Clause 2 Article 59 hereof.
2. Define ranks and rank-based
roles of seafarers, except for ranks decided by the Minister of Transport of
Vietnam.
3. Ensure standard working and
living conditions of seafarers aboard a ship in accordance with laws and
regulations.
4. Buy accident insurance and other
compulsory insurance policies for seafarers working aboard a ship in accordance
with laws and regulations.
Article 52. Legal status of ship
master
1. The ship master is the person
vested with the supreme command of the ship as an organization’s head. The ship
master is the person vested with the supreme command of the ship as an
organization’s head.
2. The ship master works under the
direction of the shipowner or charterer, operator; in certain necessary cases,
with a view to ensuring maritime safety and security and environmental
protection during maritime operations, the ship master can make his own
decision, but has to report to the shipowner, charterer and operator.
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1. Manage and operate a ship in
accordance with laws.
2. Take charge of ensuring that the
ship fully meets maritime safety and security requirements, and necessary
conditions for assurance of maritime labor and environmental pollution
prevention, and conforms to professional standards and regulations relating to
equipment, ship hull, storage and quality of crew members and other matters
relating to maritime safety and security, conditions for assurance of maritime
labor and environmental pollution prevention for ships and humans aboard a ship
before and during the time when the ship is underway at sea.
3. Regularly carry out supervisory
activities to ensure that freight are loaded aboard the ship, stowed and stored
onboard the ship, unloaded from the ship in a proper manner, even though such
work duties have been assigned to responsible persons.
4. Employ methods of preventing
freight onboard ships from any damage or loss; apply necessary measures to
protect interests of persons who are offered benefits from such freight; summon
up all of his capabilities of notifying persons who are granted relevant
benefits of special events in relation to such freight.
5. Apply all necessary measures to
protect ships, humans and other property aboard ships; prevent illegal carriage
of humans or goods aboard ships.
6. Navigate a ship to the nearest
safe seaport and implement all necessary measures to protect that ship, humans
and property aboard such ship and documentation of such ship in the event that
port of freight unloading or passenger disembarkation has been blocked, or
exposed to war threats or faced with other emergency conditions.
7. Summon up all of his
capabilities of rescuing passengers and then seafarers in the event of threat
of shipwreck or damage.
The ship master must be the last
person leaving ships after finding all possible ways to collect maritime
logbooks, nautical charts and other significant materials aboard ships.
8. Do not abandon ships when the
ship is faced with danger, except when leaving the ship is absolutely
necessary.
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10. Employ maritime pilots,
tugboats if this is stipulated by laws or if this is necessary to ensure safety
for the ship.
Employing maritime pilots shall not
be grounds for exempting obligations of the ship master defined in Clause 9 of
this Article.
11. Show dedication to his assigned
duties in a manner to respect the standard of professional conscience.
12. Conduct search and rescue of
persons whose lives are endangered at sea provided that fulfillment of his
obligations cause no serious danger to the ship and humans aboard his ship. The
shipowner shall not be charged with responsibility for the ship master’s breach
of obligations defined in this Clause.
13. Fulfill other obligations in
accordance with laws.
Article 54. Rights of ship
master
1. Act on behalf of the shipowner
and persons who are offered freight-related benefits when dealing with work duties
relating to navigation and management of the ship and cargo carried aboard the
ship.
2. Act in the name of the shipowner
and persons who are offered freight-related benefits to perform judicial acts
within his scope of work duties stipulated in Clause 1 of this Article, and
possibly initiate a lawsuit or participate in the arbitral proceedings in front
of a Court or Arbitrary Tribunal when his ship is outside of the registered
port, except when the shipowner or persons whose benefits relate to freight
declares partial or total restriction on that right of representation.
3. Prevent the ship from sailing at
sea if (s)he realizes that it does not meet conditions of maritime safety,
security, employment and environmental pollution prevention.
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5. Act in the name of the shipowner
to take out a credit or cash loan when necessary. Such loan must be within a
statutory limit to repair the ship, employ more seafarers and provide necessary
supplies for the ship or serve other demands in order for the ship to continue
its voyage.
6. Sell a part of the ship's
property or abundant reserve amount aboard the ship within the scope of
application stipulated by Clause 5 of this Article in the event that expecting
the shipowner to send money or give directions may cause disadvantage or may be
impossible.
7. In the course of the ship’s
making a voyage, if there is no other way to meet conditions for termination of
a voyage, the ship master shall be vested with the right to pledge or sell a
part of the ship’s freight after failing to take an order from the shipper and
the shipowner even though all possible actions have been taken. In such case,
the ship master must ensure that any loss or damage suffered by the shipowner
or the consignor and persons who have relevant interests in such freight must
be reduced to the absolute minimum.
8. When the ship is underway at sea
without any emergency food supplies, the ship master shall be entitled to
decide to use a part of food freight aboard the ship; in case this is found
urgent, the ship master shall be allowed to decide to use food supplies of
persons onboard the ship. Such use must be documented. The shipowner must pay
for the number of food supplies which have been so used.
9. If the ship is in distress at
sea, the ship master shall be entitled to send a distress call and, after
entering into negotiations with ships providing rescue services, shall exercise
his right to make a final decision on a ship which is eligible for rescue
operations.
Article 55. Responsibilities of
ship master regarding civil status
1. Make a nautical logbook and
record with participation of the medical staff and two witnesses pertaining to
any birth or death that happens onboard the ship and other relevant events;
preserve corpses, make a manifest of and keep custody of property of a dead
person onboard the ship.
2. Report on any birth or death
that happens aboard the ship and send testaments or manifest of property items
of a dead person to a competent register office located at the first port
within the territory of Vietnam where this ship enters, or to the nearest
representative agency if the ship arrives at an overseas seaport.
3. After making every effort to
receive the shipowner's order and consult with a dead person’s relatives, the
ship master shall act in the name of the ship master to complete all required
procedures for and arrange a funeral to take place. All costs of such funeral
shall be paid in accordance with applicable laws and regulations.
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1. Once discovering any offence
that an offender commits in the act, or any wanted person, or in case of
emergency detainment of any person aboard the ship which has left a seaport,
the ship master shall assume the following responsibilities:
a) Arrest or order an arrest of an
offender caught in the act of committing any crime or any wanted person; detain
any person in case of emergencies;
b) Impose any necessary crime
control and prevention and make a record in accordance with laws and
regulations;
c) Protect evidence and, depending
on specific conditions, deliver arrested or detained persons and available
documents or records to a competent authority located at the first seaport of
Vietnam where the ship arrives or to a public duty ship of Vietnam that such
ship comes across at sea, or report to the nearest representative agency of
Vietnam and follow all instructions of this agency if this ship enters into an
overseas seaport.
2. Whenever necessary, in order to
ensure safety and security for a ship, humans and cargo onboard a ship, the
ship master shall be vested with authority to detain any crime suspects,
persons caught in the act of committing any crime or any wanted person aboard a
ship at a private room.
Article 57. Responsibilities of
ship master for reporting to a representative agency of Vietnam
1. When a ship arrives at an
oversea seaport, the ship master must report to the nearest representative
agency of Vietnam whenever this reporting is necessary.
2. The ship master shall be charged
with responsibilities to present certificates and documents regarding the ship
upon the request of the representative agency of Vietnam located within the
territory of the country where the ship enters.
Article 58. Responsibilities of
the ship master for reporting in case of maritime accidents and incidents
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Section 2.
SEAFARERS
Article 59. Seafarers aboard a
ship
1. A seafarer must meet eligibility
requirements and standards for holding ranks onboard a Vietnamese-flagged ship.
2. A seafarer working aboard a
Vietnamese-flagged ship must meet the following eligibility requirements:
a) Be a Vietnamese citizen or an
overseas citizen authorized to work aboard a Vietnamese-flagged ship;
b) Meet health standards, working
age requirements and achieve professional qualifications in accordance with
applied regulations;
c) Be assigned to hold professional
ranks aboard the ship;
d) Hold a discharge book;
dd) Possess a passport as a
requirement to enter or exit a country, if a seafarer is arranged to work
onboard an international ship.
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4. The Minister of Transport of
Vietnam shall adopt detailed regulations on professional ranks and rank-based
roles of a seafarer; minimum manning requirements; professional standards and
qualifications of each seafarer; registration of a seafarer and a seafarer’s
discharge book; required conditions that a seafarer who is an alien must meet
to work onboard a Vietnamese-flagged ship.
5. The Minister of Health of
Vietnam shall provide detailed regulations on health standards of a seafarer
licensed to work aboard a Vietnamese-flagged ship.
Article 60. Obligations of a
seafarer
1. A seafarer working aboard a
Vietnamese-flagged ship must take on the following obligations:
a) Strictly observe Vietnamese laws
and international agreements to which the Socialist Republic of Vietnam is a
party along with laws of the country within which the Vietnamese-flagged ship
is operating;
b) Demonstrate hard work and
dedications to their assigned duties and be held accountability to the ship
master for these duties;
c) Execute the ship master’s orders
in a timely, strict and accurate manner;
d) Prevent any accidents or
incidents against the ship, cargo, humans and baggage onboard the ship. When
discovering any dangerous emergency, a seafarer must promptly report to the
ship master or any watchstanding officer, and simultaneously take necessary
measures to prevent any accident or incident that may arise from such dangerous
emergency;
dd) Manage and utilize
certificates, documents, equipment items, instruments and other property aboard
the ship which have been assigned.
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Article 61. Employment policies
and benefits of a seafarer
1. Employment policies and benefits
of a seafarer working onboard a Vietnamese-flagged ship shall be consistent
with Vietnamese legislation and relevant international agreements to which the
Socialist Republic of Vietnam is a party.
2. In the event that the shipowner
or the ship master orders a seafarer to abandon the ship, the shipowner shall
be responsible for covering all living and travel costs which are necessary to
be repatriated; in the event that the ship master orders a seafarer to leave
the ship, the shipowner must be advised of this.
3. In the event that any legal
personal property of a seafarer have been subject to any loss or damage due to
any maritime accident or incident, the shipowner must compensate for such loss
or damage at the market price determined at the time and location of settlement
for such accident or incident. A seafarer whose property is lost or damaged at
his own faults, (s)he shall have no rights to submit any claim against such
loss or damage.
4. Employment policies and benefits
of a Vietnamese seafarer working aboard an overseas ship and of a foreign
seafarer working aboard a Vietnamese-flagged ship must be consistent with
employment contracts.
Article 62. Employment contract
of a seafarer
1. Before working onboard a ship,
both of a seafarer and shipowner must enter into an employment contract.
2. An employment contract of a
seafarer must include basic contents prescribed by laws on employment contracts
and must include but not limited to the followings:
a) Repatriation of a seafarer;
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c) Payment for annual leave;
d) Terms and conditions under which
an employment contract is terminated.
Article 63. Work and rest hours
of a seafarer
1. Work hours shall be arranged
within 24 consecutive hours, including weekly days-off or national holidays.
2. Rest hours shall be stipulated
as follows:
a) Minimum rest hours are 10 hours
within any 24 hours, and 77 hours within any 07 days;
b) The number of rest hours within
a period of 24 hours may be divided into the maximum of two stages, either of
which lasts at least 06 hours, and an interval between two consecutive stages
of rest lasts the maximum of 14 hours.
3. If any emergency likely to
threaten safety and security for the ship, humans, cargo aboard the ship
occurs, or in order to assist other ships or people in distress at sea, the
ship master shall be vested with the right to require any seafarer to be ready
to work at any time. Upon completion of emergency duties, the ship master
shall be responsible for arranging an adequate amount of rest hours for a
seafarer as per Point a Clause 2 of this Article.
4. The chart of assigned duties
specifies work and rest hours of seafarers and is posted in a conspicuous place
onboard the ship.
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a) Minimum rest hours are 10 hours
within a period of 24 hours, and 70 hours within a period of 07 days. An
exception shall not apply for more than 02 consecutive weeks. An interval
between two stages when such exception applied shall not be twice less than the
time length of the previous stage in which the previous exception applied;
b) Minimum rest hours stated in
Point a Clause 2 of this Article may be divided into the maximum of three
stages, one of which shall not be allowed to last less than 06 hours, and the
remaining two of which shall not be allowed to last less than 01 hour;
c) An interval between two
consecutive rest stages shall not be allowed to exceed 14 hours;
d) An exception shall be allowed to
apply in less than two 24-hour stages within a period of 07 days.
6. The ship master or persons
authorized by the ship master shall be responsible for making the record of
rest hours and provide it to all of seafarers.
Article 64. Paid annual leaves
and public holidays of seafarers
1. A seafarer working aboard a ship
shall be entitled to paid annual leaves and public or national holidays and received
their full salary payments. If a seafarer has yet to go on any annual leave or
public or national holidays, such seafarer shall be offered a compensatory
time-off.
2. The number of paid annual leaves
and days-off shall be calculated in accordance with laws and regulations as
well as relevant international agreements to which the Socialist Republic of
Vietnam is a party. Days-off on the occasion of national, public holidays,
those for personal reasons or unpaid ones as prescribed by laws shall not be included
in the number of paid annual leaves and days-off.
3. Any agreement under which a
seafarer is not entitled to paid annual leaves shall be prohibited.
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1. The shipowner shall be
responsible for paying monthly wage, allowance directly to a seafarer or any
person legally authorized by such seafarer.
2. Wage, allowance and other income
of a seafarer shall be paid in cash or deposited in a personal account of this
seafarer or any of such seafarer’s authorized person. In case of making such
payment via a bank account, the shipowner must enter into an agreement with a
seafarer on costs incurred from account opening, maintenance and money transfer
in accordance with applicable laws and regulations.
3. The shipowner shall be
responsible for making and providing a seafarer with a monthly income statement
which specifies wage, allowance and other income that such seafarer receives.
Article 66. Repatriation of a
seafarer
1. The shipowner shall be responsible
for arranging repatriation of a seafarer and pay costs incurred under the
following circumstances:
a) Such seafarer’s employment
contract has expired;
b) Such seafarer is suffering from
any illness or maritime occupational accident, which results in his inevitable
repatriation;
c) Such seafarer’s ship is wrecked
or sunken;
d) The ship has been sold or its
registration has been changed;
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e) Other cases are agreed upon
between two contracting parties.
2. Where a seafarer unilaterally
terminates an employment contract in a illegal manner, or a seafarer is subject
to any disciplinary actions in the form of dismissal, the shipowner shall stay
responsible for arranging to return this seafarer to the place agreed upon in
an employment contract with this seafarer but such seafarer shall be liable, at
the own expense, for all costs incurred to the shipowner.
3. Costs incurred from repatriation
of a seafarer shall be covered by the shipowner, including:
a) Costs paid for making a voyage
to the place of repatriation as agreed upon in an employment contract;
b) Meal and accommodation cost of
this seafarer which is calculated from the date of disembarkation from the ship
to the date of arrival at the place of repatriation;
c) Salary and travel cost of this
seafarer which are calculated from the date of disembarkation from the ship to
the date of arrival at the place of repatriation;
d) Cost of carrying the maximum of
a maximum baggage allowance of 30 kilos (kg) to the repatriation place;
dd) Necessary medical cost which is
calculated till such seafarer is healthy enough to make a voyage to the
repatriation place.
4. The shipowner shall be
responsible for arranging repatriation of a seafarer by an appropriate and
convenient means of transport. The repatriated seafarer shall be moved to the
place agreed upon in an employment contract with such seafarer or the place
where such seafarer resides.
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6. The shipowner shall be
responsible for keeping copies of legal documents on repatriation and providing
them for seafarers.
7. The shipowner shall be
responsible for ensuring financial capability to pay seafarers for their
repatriation in accordance with laws and regulations.
8. Where a competent authority of
Vietnam has to make any arrangement for the seafarer repatriation, the
shipowner shall be liable for reimbursement for costs incurred.
9. The Minister of Finance of
Vietnam shall provide guidance on regulations laid down in Clause 7 and 8 of
this Article.
Article 67. Food and drink
1. The shipowner shall be
responsible for providing free food and drink which must ensure an adequate
amount, nutritional value, accepted quality standards, diverse nature, and
conformity to food safety and hygiene requirements for seafarers onboard a
ship; must accord with religious beliefs, values and cultural identities of
seafarers.
2. The ship master or any person
appointed by the shipowner must regularly carry out checking and keeping a
record of the following contents:
a) Supply of food and drink;
b) Storage warehouse, barrel and
other devices used for storage and preservation of food and potable water;
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3. The shipowner shall be
responsible for assigning a chief cook and catering attendants who serve seafarers
with meals. Where there are fewer than ten seafarers aboard a ship,
appointment of a chief cook is not compulsory but that of a catering attendant
is required.
4. The Minister of Health of
Vietnam shall adopt regulations on food and potable water hygiene and safety
criteria, and food and drink serving per each meal for each seafarer working
onboard a ship.
Article 68. Medical care for
seafarers
1. Seafarers shall have access to
regular, timely and free medical care during the period of their work onboard a
ship and at the port where this ship arrives.
2. The shipowner shall be
responsible for providing medical care services for seafarers onboard the ship
in accordance with the following provisions:
a) Protect and take care of health
of seafarers working onboard a ship in a similar manner to medical care
services provided for inland employees in terms of medicines, medical equipment
and supplies, healthcare manuals, healthcare information and medical
consultation;
b) Ensure that all seafarers shall
have access to medical examination and treatment at healthcare service
providers or dental centers located at the port where the ship docks;
c) Take measures to prevent
maritime occupational accidents and illnesses through dissemination and
education of healthcare knowledge for seafarers.
3. The shipowner shall be
responsible for implementing regulations on employment of doctors on board a
ship as follows:
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b) As for a ship carrying fewer
than one hundred of persons and having none of doctors onboard, at least 01 seafarer
must take charge of medical care and medicines management duties, or one
seafarer competent to give first aid must be assigned.
The seafarer tasked with providing
medical care and first aid service must be completely trained in such medical
care and first aid service in conformance to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers.
4. The ship master or any person in
charge of medical care on board the ship shall be responsible for creating
forms or templates of a medical report in accordance with laws and
regulations. Forms or templates of a medical report shall be used for
exchanging information with inland healthcare service providers. Information
provided in a form or template of a medical report must be treated with
complete confidentiality and shall be used for diagnosis, care and treatment
purposes only.
5. The Minister of Health shall
assume the following responsibilities:
a) Announce the list of seafarer
healthcare service providers;
b) Provide regulations on medicine
cabinets, medical equipment and medical care manuals on board, and medical care
report forms or templates.
Article 69. Responsibilities of
shipowner to seafarers suffering from maritime occupational accidents or
diseases
1. Make co-payment for relevant
costs and those which are not covered by health insurance, including medical
treatment, surgery, hospitalization, medicine types, equipment necessary for
medical treatment, meal and accommodation cost of a seafarer calculated from
the date of first aid to the date of recovery or till the date of determination
of chronic disease.
2. Pay a full amount of salary as
agreed upon in an employment contract with a seafarer within the medical
treatment period.
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4. Carry dead seafarer’s corpse or
cremated remains to the place of repatriation.
5. The shipowner shall not be
liable for costs paid to a seafarer under the following circumstances:
a) Such seafarer has been injured
or has contracted an illness which happens at any time rather than the time
when this seafarer is employed to work aboard the ship;
b) Such seafarer has been injured
or has contracted an illness due to this seafarer's intentional acts.
6. Protect and return any property
aboard the ship to such seafarer or his relatives in the event that such
seafarer has left the ship by reason of illness, injury or death.
Article 70. Providing an account
of, investigating, enumerating and reporting maritime occupational accidents
and diseases
1. If a maritime occupational
accident occurs, the shipowner or the ship master shall be responsible for
providing an account of such accident as per the law on employment for any of
the following competent authorities:
a) Port authority, if the ship is
currently operating within the port water area;
b) Maritime state regulatory
agency, if the ship is currently operating within Vietnamese territorial waters
and international waters;
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2. Investigating, enumerating and
reporting maritime occupational accidents and diseases shall be consistent with
the law on employment and occupational safety.
3. The Minister of Labor, War
Invalids and Social Affairs of Vietnam shall adopt regulations on providing an
account of, investigating, enumerating and reporting maritime occupational
accidents.
Article 71.
Prevention of maritime occupational accidents and diseases
1. The shipowner shall be
responsible for developing and applying measures consistent with effective
regulations on assurance of safety and sanitation for seafarers’ maritime
occupations and occupational diseases, including:
a) Instruct and train seafarers in
occupational safety and sanitation before assigning them to work aboard a ship
or other work duties or any other work activities which have higher level of
risk;
b) Train seafarers in occupational
safety and sanitation in a periodic manner as per prevailing laws and
regulations;
c) Examine, evaluate hazardous or
harmful elements; propose measures to eliminate and minimize dangers or harms;
improve working conditions and medical care for seafarers;
d) Define specific responsibilities
of each seafarer for occupational safety and sanitation activities onboard the
ship;
dd) With respect to a ship carrying
at least five seafarers, the shipowner must set up and define roles or powers
of the occupational safety board;
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g) Ensure that machines, devices
and materials available on board the ship which must conform to strict
occupational safety requirements must be technically inspected before being
brought into operation, and must be periodically inspected during the period of
use in accordance with laws and regulations;
h) Ensure that unauthorized persons
shall not be allowed to enter into ship areas which may cause impacts on human
health and safety;
i) Outline the plan for emergency
response in respect of maritime occupational accidents relating to seafarers
and conduct annual drills.
2. The shipowner shall be
responsible for purchasing accident insurance or civil liability insurance, and
any binding compulsory insurance for seafarers during the period when they are
employed to work on board the ship.
3. The ship master shall be
responsible for regularly and periodically expediting and inspection
implementation of measures to assure occupational safety and sanitation for
seafarers adopted by the shipowner; taking remedial actions against any
insecurity aboard the ship and reporting to the shipowner.
4. Seafarers shall be responsible
for complying with measures to assure occupational safety and sanitation
adopted by the shipowner.
5. The Minister of Labor, War
Invalids and Social Affairs shall introduce the list of machines and devices
onboard the ship which must conform to strict occupational safety and
sanitation requirements upon the request of the Ministry of Transport.
Article 72. Training and
drilling seafarers
1. Seafarer training and drilling
center must ensure that requirements of facilities and teaching staff are met
as prescribed by the Government’s regulations.
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3. The shipowner shall have rights
and responsibilities to admit and provide favorable conditions for trainees to
work as apprentices on board the ship.
4. The Minister of Transport shall
adopt detailed provisions of Clause 2 and 3 of this Article.
Chapter IV
SEAPORTS
Section 1. GENERAL PROVISIONS
Article 73. Seaport
1. Seaport refers to an area
enclosing port land and water areas of which infrastructure facilities are
constructed and equipment necessary for incoming and outgoing ships is
installed in order to load or unload goods, embark or disembark passengers as
well as to render other services. A seaport may include one or two port
terminals. A port terminal includes one or a lot of wharves.
Offshore oil port refers to a
facility constructed and installed at the offshore oil production area for the
ship to enter or leave for loading and unloading of cargo and rendering of
other services.
2. Port infrastructure includes
wharves, an area of water facing against wharves, warehouses, storage yards,
facilities, work offices, service establishments, traffic, communications,
electricity and water supply systems which are engineered and installed at
fixed positions within a port land area and an area of water.
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4. Military port, fishing port and
inland waterway port and port terminal located within a port water area shall
be subject to the state administration for maritime safety and security, fire
and explosion protection and environmental pollution prevention under the
provisions of this Code and other relevant laws and regulations.
Article 74. Criteria for
determination of a seaport
1. Have a water area thoroughly
connecting to a sea.
2. Have natural geographical
conditions to meet requirements relating to construction of a wharf, port
terminal, anchorage area, transshipment area and navigational channel for the
ship to enter, leave and operate in a safe manner.
3. Have advantages in maritime
transportation.
4. Act as the center of the traffic
network to facilitate inland freight transport, carriage and transshipment of
exporting and importing goods by sea.
Article 75. Classification of
seaports and advertisement of the list of seaports
1. Seaports are classified into the
followings:
a) Special seaports mean
large-scale seaports which are aimed at nationwide or inter-regional
socio-economic development, and perform their functions as international
transshipment or gateway ports;
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c) Grade-II seaports mean
medium-scale seaports which serve the purpose of regional socio-economic
development;
d) Grade-III seaports mean
small-scale seaports which serve the purpose of local socio-economic
development.
2. The Prime Minister shall decide
classification of seaports and advertisement of the list of seaports after
considering the request of the Minister of Transport.
3. The Minister of Transport shall
advertise the list of port terminals that belong to Vietnam's seaport system
after considering the request of maritime state regulatory agencies.
Article 76.
Fundamental functions of a seaport
1. Provide vessel traffic services
for ships which enter and leave a seaport.
2. Provide transports, equipment
and workforce necessary for ships to anchor, load or discharge goods and embark
or disembark passengers.
3. Provide freight transportation,
loading, discharge, warehousing and storage services within the territory of a
seaport.
4. Play its role as the center to
help different traffic networks outside of the seaport to get connected
together.
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6. Provide other services for
ships, humans and cargo.
Article 77. Rules for naming a
seaport, offshore oil port, port terminal, wharf, floating terminal, water area
and water region
Seaport, offshore oil port, port
terminal, wharf, floating terminal, water area and water region must be named
according to the following rules:
1.[7]
Seaport, offshore oil port, port terminal, wharf, mooring buoy and dedicated
waters must be given a name during the process of planning or construction
project formulation. Such name must be utilized as requested by the project
owner or relevant agencies or organizations.
2. Names of
seaports, offshore oil ports, port terminals, wharves, floating terminals,
water areas, and water regions, shall not be allowed to coincide with each
other or be misleading, or there may be an inconsistency between designated
names and functions of these seaports, offshore oil ports, port terminals,
wharves, floating terminals, water areas, and water regions.
3. Names of state agencies, armed
force units, political organizations or socio-political organizations shall not
be used as whole or partial particular names of these seaports, offshore oil
ports, port terminals, wharves, floating terminals, water areas, and water
regions, unless otherwise approved by these agencies, units or organizations.
4. Words or signs which offend
against historical, cultural, moral and traditional values shall not be allowed
to use for naming purposes.
Article 78.
Authority to name a seaport, offshore oil port, port terminal, wharf, floating
terminal, water area and water region
1. The Minister of Transport shall
be vested with authority to decide to give names to seaports and offshore oil
ports.
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Article 79. Public notice of
opening or closing of a seaport and port water area
The Government shall adopt
regulations on authority, conditions and procedures in relation to the opening
and closing of a seaport, wharf, port terminal, floating terminal, water area,
water region, port water area, and management of a navigational channel and
maritime operations that take place at a seaport.
Article 80. Temporary refusal of
permission for ships to enter or leave a seaport, port terminal, wharf,
floating terminal, water area or water region
1. In order to ensure maritime
safety, security and environmental protection, national defense and security,
or prevent natural disasters or epidemics, the Director of Port authority shall
make a decision on temporary refusal of permission for ships to enter or leave
a seaport, port terminal, wharf, floating terminal, water area or water region.
2. If there is none of reasons for
refusal of permission for ships to enter or leave a seaport, port terminal,
wharf, floating terminal, water area or water region, the Director of Port
authority shall make a decision to cancel such temporary refusal.
3. Promptly after grant of the
decision on temporary refusal or cancellation of temporary refusal of
permission for ships to enter or leave a seaport, port terminal, wharf,
floating terminal, water area or water region, the Director of Port authority
must report to a maritime state regulatory agency; simultaneously, notify the
shipowner or an agent of the shipowner and other relevant specialized state
regulatory agencies located at a seaport.
Article 81. Comprehensive
planning for seaport system development [8]
1. Comprehensive planning for
seaport system development is the national sector planning.
2. The formulation of the
comprehensive planning for seaport system development shall comply with
regulations of the law on planning and be based on national defense and
security tasks, demands, resources and world maritime development trends.
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Article 82. Responsibilities for
formulating and managing comprehensive planning for seaport system development[9]
1. The Ministry of Transport of
Vietnam shall organize the formulation of comprehensive planning for seaport
system development and submit it to the Prime Minister for approval in
accordance with regulations of the law on planning.
2. Ministries, ministerial agencies
and People’s Committees of provinces shall:
a) cooperate with the Ministry of
Transport in organizing management of the comprehensive planning for seaport
system development;
b) reserve an adequate amount of
land lots and dedicated waters for seaport system development according to the
approved planning.
Article 82a.
Detailed planning for a cluster of seaports, ports, wharves, mooring
buoys and dedicated waters, detailed planning for development of seaport land
and waters [10]
1. Detailed
planning for a cluster of seaports, ports, wharves, mooring buoys and dedicated
waters means the detailed planning aimed at realizing the comprehensive
planning for seaport system development.
2. The detailed planning for a
cluster of seaports, ports, wharves, mooring buoys and dedicated waters
contains at least:
a) Forecast of demand for goods
moving through and distribution of goods to each port and port area in the
cluster of seaports;
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c) Quantity of wharfs, ports, port
areas and prioritized projects during each planning period;
d) Quantity of wharfs, ports, port
areas and prioritized projects during each planning period;
dd) Solutions for organizing the
implementation of the planning.
3. The detailed planning for
development of seaport land and waters contains at least:
a) Forecast of demand for goods
moving through and distribution of goods to each port and port area in the
cluster of seaports;
b) Location, scale, capacity and
area of land, dedicated waters, warehouses, yards and port logistics areas;
arrangement of dedicated areas of seaport within the planned land dedicated
waters; design capacity of wharfs and ports; basic specifications of navigation
channel and size of maritime ships on the channel;
c) Location and basic
specifications of wharfs, ports and public maritime infrastructure; scale and
location of works serving state management purpose;
d) Demand for land use, demand for
investment and roadmap for implementation of planning in order of investment
priority;
dd) Solutions for organizing and
managing the implementation of the planning; expected investment for
construction of channels and ports.
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5. Detailed planning for a cluster
of seaports, ports, wharves, mooring buoys and dedicated waters, and detailed
planning for development of seaport land and waters shall be published as
prescribed by the law on planning and maritime laws.
6. The Government shall elaborate
the formulation, appraisal, approval, publishing, implementation, assessment
and adjustment of detailed planning for a cluster of seaports, ports, wharves,
mooring buoys and dedicated waters, detailed planning for development of
seaport land and waters.
Article 83. Investment in
construction, management and operation of seaports and navigational channels
1. Seaports and navigational
channels shall be constructed in conformity with the comprehensive planning for
seaport system development, detailed planning for a cluster of seaports, ports,
wharves, mooring buoys and dedicated waters, detailed planning for development
of seaport land and waters, and planning for development of inland port system
in accordance with regulations of this Code, laws on investment and
construction and other relevant regulations of law.
2. Domestic or
foreign organizations or individuals shall be allowed to invest in construction
of seaports or navigational channels in accordance with laws.
Organizations or individuals
investing in construction of seaports or navigational channels shall decide the
modality of management and operation of seaports and navigational channels.
3. Before approving an investment
project, a competent authority must obtain a written consent from the Ministry
of Transport of Vietnam.
4. Organizations or individuals
investing in construction of seaports, port terminals and wharves shall decide
the proper management and operation modality which must be consistent with laws
and regulations.
Article 84.
Nautical chart of port water area, navigational channel and sea lane
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Article 85. Detailed provisions
on seaports
1. The Minister of Transport of
Vietnam shall adopt detailed provisions on conduct of operations of ships at
seaports, inland terminals and fishing ports within the territory of a port
water area.
2. The Government shall promulgate
detailed provisions on criteria for classification of seaports; investment in
construction, management and operation of seaports and navigational channels,
and eligibility requirements for seaport operation business; processes and
procedures for naming or change of names of seaports, offshore oil ports, port
terminals, wharves, floating terminals, water areas or water regions.
Section 2. SEAPORT
ADMINISTRATION
Article 86. Administration of
operation of port infrastructure projects financed by state budget
1. The part or whole of a port
infrastructure project financed by the state budget shall be leased for
operation in accordance with laws.
2. Leasing a port infrastructure
project for operation purposes shall be carried out in accordance with laws on
procurement and other relevant legal regulations.
3. The authority that makes a
decision to invest in a port infrastructure project shall decide the leasing of
such port infrastructure project for operation purposes.
4. Lessee must meet all of the
following requirements:
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b) Have the plan for conduct and
operation of such leased project in a manner of effectiveness and right
purpose;
c) Have the financial competence.
5. The Government shall adopt
detailed regulations on leasing of port infrastructure for operation purposes
and utilization of revenues generated from such leasing.
Article 87. Port management and
operation authority
The port management and operation
authority shall be established by the Government, and shall be assigned a port
land or water area for the purpose of planning and investing in construction,
development and operation of port infrastructure facilities and post-port
logistics service area.
Article 88. Duties and powers of
the port management and operation authority
1. [12]
(abrogated)
2. Formulate and submit the master
plan for development of assigned port land and water area to the Ministry of
Transport for review before reporting to the Prime Minister to apply for
ratification.
3.[13]
Invest in construction and development of port infrastructure according to the
comprehensive planning for seaport system development, detailed planning for a
cluster of seaports, ports, wharves, mooring buoys and dedicated waters, and
detailed planning for development of seaport land and waters that have been
approved.
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5. Introduce
regulations on management of operations that take place within such assigned
port land and water area.
6. Conduct administration of
investment in and operation of port infrastructure facilities and post-port
logistics infrastructure systems.
7. Implement the procurement
procedure for operating lease of wharf and port terminal infrastructure system.
8. Examine and supervise operations
performed by operators of seaports and post-port logistics service area.
9. Take control of and supply
equipment, and ensure safety for port operations and ship’s movements under its
management.
10. Provide pilotage, towage,
logistics and other relevant service within these assigned port land or water
area.
11. Maintain, overhaul and repair
port infrastructure facilities located within such assigned port land and water
area.
12. Decide on amounts of charges
paid for services rendered within such assigned land and water area on the
basis of the service charge schedule issued by competent authorities.
Determine levels of charges paid
for services rendered within such assigned port land and water area on the
basis of the service price schedule issued by the Minister of Transport of
Vietnam.
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Article 89. Organizational
structure of the port management and operation authority, areas to which the
model of a port management and operation authority is applied
1. The Board of Members of a port
management and operation authority (the Board) is composed of a President, Vice
President and commissioners.
2. President, members of the Board
and General Director of the port management and operation authority shall be
appointed by the Prime Minister upon the request of the Minister of Transport
of Vietnam. It must include representatives of organs such as the Ministry of
Transport, the Ministry of Finance, the Ministry of Planning and Investment,
the Ministry of Natural Resources and Environment, People’s Committees of the
provinces to which the model of a port management and operation authority is
applied.
3. The Government shall adopt
detailed regulations on the organizational structure, duties and powers of the
port management and operation authority, and areas to which the model of a port
management and operation board is applied.
Article 90. Maritime fees,
charges and port service charges
1. Maritime fees or charges and
collection, payment, management and utilization of maritime fees or charges
shall be consistent with laws and regulations on fees and charges.
2.[14]
Port service charges shall include:
a) Charges paid for container
handling services; pilotage services; services relating utilization of wharves,
terminals and floating docks; ship towage services;
b) Charges paid for other port
services.
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4. Service enterprises shall, at their
discretion, decide on specific port service charges referred to in Point b
Clause 2 of this Article.
5. Service enterprises shall
prepare the list of port service charges for submission to competent
authorities and make it known to the public in accordance with provisions of
the Pricing Law.
Article 91. Port authority
1. The port authority refers to an
organ directly affiliated to a maritime state agency which is assigned to
perform its maritime state administration duties at a seaport and other areas
that fall under its management.
2. The Director of a port authority
is the ultimate commander in this port authority.
3. The Ministry of Transport shall
adopt regulations on organization and operation of a port authority.
Article 92. Duties and powers of
Director of a port authority
1.[16]
Get involved in formulating comprehensive planning for seaport system development,
detailed planning for a cluster of seaports, ports, wharves, mooring buoys and
dedicated waters, detailed planning for development of seaport land and waters,
and plans for seaport development within the areas under his/her management and
conduct oversight of implementation of such planning after obtaining approval
from competent authorities.
2. Conduct implementation of
regulations on management of maritime operations that take place at seaports
and areas that fall under his management; examine and oversee navigational
channels and maritime signaling systems; check maritime operations of
organizations or individuals that take place at seaports and areas that fall
under his management.
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4. Take charge of coordination in
navigational operations that take place at seaports and areas that fall under
his management.
5. Implement any decision to
impound ships granted by competent state agencies.
6. Temporarily impound any ship as
stipulated by Article 114 of this Code.
7. Take charge of searching and
rescuing people in distress at sea within the territory of the port water area
under his management; mobilize necessary personnel and equipment for such
search and rescue or for environmental pollution response.
8. Conduct sea-going ship
registration or seafarer registration which is assigned by competent
authorities; collect, manage and use port fees and charges in accordance with
laws.
9. Conduct maritime inspection, and
investigate and handle, within his jurisdiction, maritime accidents that occur
at seaports and areas under his management.
10. Take charge of or direct the
operational cooperation between state regulatory agencies operating at
seaports.
11. Impose administrative penalties
for any violation that may arise in the maritime area within his jurisdiction.
Article 93.
Collaboration on state administration operations at seaports
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2. State regulatory agencies which
have regular operations at seaports shall be allowed to establish their work
offices within the territory of such seaports. Port enterprises shall be
charged with responsibility to provide favorable conditions for such agencies
to implement their duties and powers.
Section 3.
PROCEDURES FOR SHIPS’ PORT ARRIVAL AND DEPARTURE
Article 94. Requirements for
ships’ port arrival
1. All of ships, regardless of
their nationality, tonnage and purpose of use, shall be allowed to enter into a
seaport if they meet maritime safety, security, occupation, environmental
protection and other conditions in accordance with laws and regulations.
2. A ship shall be allowed to
operate at seaports, port terminals and wharves which have been advertised for
use, and must be relevant to their designed functions.
3. In the event that
foreign-flagged ships are underway at Vietnamese sea outside of the port water
area, procedures for ships’ entering and leaving a seaport must be completed at
the port authority in charge of managing that seaport. The port authority shall
be responsible for overseeing operations of a ship in order to ensure maritime
safety, security and environmental pollution prevention.
Article 95.
Rules for foreign military vessels’ arrival in Vietnam
1. A foreign military vessel must
be authorized to enter into Vietnam by competent state regulatory authorities
in accordance with laws and regulations.
2. The foreign military vessel that
arrives in Vietnam must comply with regulations of Vietnamese laws, unless
otherwise diplomatically agreed upon between the country whose national ensign
is flown by that vessel and the competent state regulatory agency of Vietnam
prior to such vessel's arrival in Vietnam.
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4. In order to be allowed to enter
into a Vietnamese seaport, a foreign military vessel that is heading toward
Vietnam's territory waters must comply with the following regulations:
a) A submarine and any other
submersible must operate above the water surface and fly the national ensign of
the Socialist Republic of Vietnam at the position which is as high as that of
its national ensign, unless otherwise permitted by the Government of Vietnam or
agreed upon between the Government of Vietnam and the Government of the country
whose national ensign is flown by such submarine or submersible;
b) Ship identification numbers and
ship name must be inscribed onto the ship's body;
c) All weapons taken onboard that
vessel must be placed in a rest or unmounted position or kept in locked
storage;
d) That vessel must stop at the
pilot embarkation and disembarkation area in order to complete procedures for
entry and any procedure under the instructions of the port authority or
pilotage in Vietnam;
dd) Only necessary maritime safety
equipment or registered frequencies used for maritime communications shall be
allowed for use.
e) That vessel must enter into the
right seaport by sailing along the stipulated navigational route and corridor.
5. If a foreign military vessel
heading toward Vietnam wishes to move from this seaport to the other within the
territory of Vietnam, it must apply for approval granted by Vietnam's competent
authority.
Article 96. Time limit for
completion of statutory procedures for a ship’s entering and leaving a seaport
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2. No later than 01 hour after
completion of such procedures and submission of all required documents, the
port authority must make a decision to grant permission for such ship's
entering and leaving its seaport.
3. After completion of procedures
for a ship's entering and leaving a Vietnamese seaport, that ship shall be
exempted from the entry procedures at another Vietnamese seaport. The port
authority in charge of managing the seaport where a ship arrives shall be
subject to the permit for departure from a seaport issued by the port authority
in charge of managing the seaport that such ship has left in order to allow
such ship to operate at its seaport. Then, other specialized state regulatory
agencies shall refer to the port movement dossier (if any) provided by a
relevant port authority in charge of managing the seaport where the ship has
left in order to perform regulatory operations in accordance with laws and
regulations.
Article 97. Provisions on
exemption or reduction on procedures for ship arrival and departure in certain
special cases
1. Public duty ships when on duty,
ships used for embarking and disembarking pilots, those specially designed for
search and rescue operation, assurance of maritime safety, fire and explosion
prevention or for other emergency duties shall be exempted from statutory
arrival and departure procedures, but these ships’ masters are required to
report on this to the port authority in writing, in or by any other relevant
form or communications means.
2. Ships arriving in a seaport to
deliver rescued humans, property and ships and only staying at a seaport within
a period of less than 12 hours shall be allowed to complete only one-time
arrival and departure procedures.
Article 98. Rules of a ship’s
departure from a seaport
1. A ship shall be allowed to leave
a seaport after all required procedures have been completed.
2. A ship shall not be allowed to
leave a seaport under the following circumstances:
a) That ship fails to meet required
maritime safety, security, occupation and environmental pollution prevention
conditions;
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c) Any other threat to safety for
that ships, humans or cargo onboard that ship and sea environment has been
discovered;
d) That ship is subject to the ship
detention and temporary impounding order issued by the court or competent
authority in accordance with laws and regulations.
3. In the event of refusing to
allow a ship to depart from a seaport under the provisions of Point a, b and c
Clause 2 of this Article, the Director of the port authority or authorized
organizations or individuals must notify the ship master and any relevant
agencies of reasons for such refusal, and must allow such ship to complete
departure procedures promptly after such reasons no longer persist.
Article 99. Authority to grant
permission, processes and procedures for a ship’s entering and leaving a
seaport
The Government shall adopt detailed
regulations on Authority to grant permission, processes and procedures for a
ship’s entering and leaving a seaport and for a foreign military vessel's
arrival in Vietnam.
Section 4.
DRY PORTS
Article 100.
Functions of a dry port
1. Receive and
deliver goods carried by containers.
2. Load and unload
cargo into and out of shipping containers.
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4. Inspect and
complete customs procedures for exporting or importing goods.
5. Consolidate and
deconsolidate goods of multiple owners loaded in the same container.
6. Temporarily
store exporting and importing goods and containers.
7. Repair and
maintain containers.
Article 101.
Criteria for determination of a dry port
1. A dry port must
conform to the plan for dry port system development which has already been
approved.
2. It must be
connected to main transportation corridors and seaports, which serve the
purpose of regional economic development.
3. It must have at
least two transport modes in order to provide favorable conditions for
multimodal transport organizations, or must be directly connected to one mode
of transport which has high competency.
4. It must provide
sufficient space to locate work offices of relevant agencies or organizations.
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Article 102.
Planning for inland port system development [17]
1. The planning
for inland port system development means the detailed planning aimed at
realizing the national planning, regional planning and provincial planning.
The formulation of the planning for inland port system development shall be
based on the socio-economic development strategy, national defense and security
tasks, national planning, regional planning and provincial planning.
2. The planning
for inland port system development contains at least:
a) Forecast of
demand for goods moving through and distribution of goods to transportation
corridors and goods zones;
b) A plan for
transport connection between ports; plan for regulating goods flow in
association with development of economic zones, tourism areas, industrial parks
and export-processing zones, thereby facilitating socio - economic development;
c) Quantity of
wharfs, ports, port areas and prioritized projects during each planning period;
d) Demand for land
use, demand for investment and roadmap for implementation of planning in order
of investment priority;
dd) Solutions for
organizing and managing the implementation of the planning; expected investment
for construction of ports.
3. The Ministry of
Transport of Vietnam shall organize the formulation of planning for inland port
system development and submit it to the Prime Minister of Vietnam for approval.
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5. Ministries,
ministerial agencies and People’s Committees of provinces shall:
a) Cooperate with
the Ministry of Transport of Vietnam in managing the implementation of planning
for inland port system in accordance with regulations of this Code and other
relevant regulations of law;
b) Reserve an
adequate amount of land lots for inland port development according to the
approved planning for inland port system development.
6. The Government
of Vietnam shall elaborate the formulation, appraisal, approval, publishing,
implementation, assessment and adjustment of the planning for inland port
system development.
Article 103. Investment in
construction, management and operation of dry ports
1. Investment in construction of
dry ports must be consistent with the plan for dry port system development and
provisions of laws on investment, construction and other relevant legal
regulations.
2. Organizations or individuals
shall be licensed to invest in construction and operation of dry ports as per
laws and regulations.
3. The Government shall adopt
detailed regulations on investment in construction, management and operation of
dry ports.
Article 104.
Authority to publicly announce opening, temporary suspension and closing of dry
ports and responsibilities of state regulatory agencies in charge of state
administration of dry ports
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2. State security, quarantine,
customs, taxation, and other regulatory agencies, shall implement duties and
powers at dry ports as per laws and regulations.
3. State regulatory agencies which
have regular operations at dry ports shall be allowed to establish their work
offices within the territory of such dry ports. Dry port enterprises shall be
held responsible for providing favorable conditions for such state regulatory
agencies to implement their duties and powers.
Chapter V
MARITIME SAFETY, SECURITY, OCCUPATION AND
ENVIRONMENTAL PROTECTION
Article 105. Assurance of
maritime safety, security, occupation and environmental protection
1. Vietnamese sea-going ships shall
only be used for purposes which have been registered in the Vietnam National
Ships Registration Book once the structure, equipment, certificates and
documents of such ships, and manning requirements and qualifications of crew
members, are consistent with Vietnamese laws and regulations and international
agreements to which the Socialist Republic of Vietnam is a party.
2. Sea-going ships, military
vessels, public duty ships, fishing ships, inland watercraft, submarines, submersibles,
hydroplanes, floating warehouses, mobile offshore units and floating docks
must, upon operating within a port water area and territorial waters of
Vietnam, comply with instructions conveyed by maritime signaling systems and
observe rules for preventing collisions at sea in accordance with regulations
laid down by the Minister of Transport of Vietnam.
3. When a ship is underway within
the territory of a navigational channel and at necessary positions along the
coastline, on the island, or in the water environment with obstacles and other
maritime structures and in the port water area where such ship is licensed for
operation, maritime signaling system must be kept in place in accordance with
regulations adopted by the Minister of Transport of Vietnam.
4. Ships specially engineered to
transport oil and petroleum products or other hazardous goods are required to
have civil liability insurance purchased by the shipowner against environmental
pollution issues when underway within Vietnamese port water area and waters.
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6. Organizations or individuals
operating within Vietnamese seaports and waters must observe Vietnamese laws
and regulations and international agreements to which the Socialist Republic of
Vietnam is a party with regard to maritime safety, security, occupation and environmental
protection.
Article 106.
Ship security and seaport security
1. Passenger-carrying ships and
cargo-carrying ships which have the capacity of a least 500 GT and mobile
offshore units, all of which are flying the Vietnamese national ensign to operate
in the international route, must have the ship security plan in accordance with
laws and regulations.
2. Vietnamese seaports which are
allowed to receive foreign and Vietnamese-flagged ships as referred to in
Clause 1 of this Article must have the seaport security plan in accordance with
applicable regulations.
3. The Minister of Transport of
Vietnam shall adopt specific regulations on formulation, evaluation and
ratification of the plan for ship, seaport, water area and water region
security; those on certification regarding ship and seaport security.
Article 107.
Dissemination of maritime security information
1. Maritime security information
refers to pieces of information about any illegal act of obstruction of a
ship’s voyage, or about any past or possible risk that can cause ship accidents
or incidents.
2. Ships operating within
Vietnamese port water area and waters must send a distress call when in a state
of emergency at sea in accordance with regulations.
3. Other ships must, upon receipt
of maritime security information from any ship underway at sea, be obliged to
transmit such information to responsible authorities or organizations of such
ship’s country.
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5. The Government of Vietnam shall
adopt specific regulations on public dissemination, receipt, processing and
delivery of maritime security information.
Article 108. Assurance of
maritime safety
1. Assurance of maritime safety
shall include the following activities:
a) Conduct and manage the work of
assurance of maritime security;
b) Provide maritime security
assurance service.
2.[18]
Conduct and management of maritime safety assurance refer to establishment and
operation of a maritime safety assurance system, including formulation of the
planning and management of infrastructure construction, and conduct of
operation of maritime safety assurance system; standardization, evaluation and
control of quality of maritime safety assurance service.
3. Maritime
safety assurance service includes:
a) Establish, operate, sustain and
maintain maritime signaling systems, navigational channels and sea lanes;
b) Explore, sketch out and publish
the nautical chart of port water area, navigational channel and sea lane;
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d) Regulate assurance of maritime
safety;
dd) Design and issue maritime
safety documents and publications;
e) Provide electronic maritime
information;
g) Provide maritime pilotage
services;
h) Provide maritime search and
rescue service;
i) Clear obstructions that can pose
risks to the maritime safety;
k) Render other maritime safety
assurance services in accordance with laws and regulations.
4. Maritime safety service
providers must meet all required conditions in terms of equipment, financial
and human resource as prescribed by laws and regulations.
5. The Government of Vietnam shall
adopt regulations on eligibility requirements for provision of maritime safety
assurance service.
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Article 109.
Sea lanes located within Vietnamese territorial waters
1. Sea lane refers to the path of a
ship within Vietnamese territorial waters which is restricted by points that have
positions and coordinates defined and announced by competent regulatory
authorities to direct ships sailing into Vietnamese waters.
2. Establishment of a sea lane
within Vietnamese territorial waters used for safe passing and assurance of
maritime safety of ships must be consistent with Vietnamese legislation, 1982
United Nations Convention on Law of the Sea and other relevant international
agreements to which the Socialist Republic of Vietnam is a party.
Article 110. Establishment and
public announcement of sea lanes and categorization of navigational routes
within Vietnamese territorial waters
1. The Ministry of Transport of
Vietnam shall carry out establishment and public announcement of maritime
routes and categorization of sea lanes within Vietnamese territorial waters
upon the request of maritime state regulatory agencies.
2. The Ministry of Foreign Affairs
of Vietnam shall collaborate with the Ministry of Transport of Vietnam and
other relevant agencies to notify international organizations of sea lanes and
categorization of navigational channels within Vietnamese territorial waters in
accordance with Vietnamese legislation and other relevant international
agreements to which the Socialist Republic of Vietnam is a party.
Article 111. Establishment and
public announcement of sea lanes and categorization of navigational routes
within Vietnamese territorial waters
1. Name of sea lane.
2. Positions, coordinates and
technical specifications of sea lanes.
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4. Instructions for ships’
operations on a sea lane.
5. Other necessary information.
Article 112. Form of
announcement of sea lanes and categorization of navigational routes within
Vietnamese territorial waters
1. Public announcement of sea lanes
and categorization of navigational channels within Vietnamese territorial
waters shall take the following forms:
a) Publish the nautical chart or
relevant paper or electronic documents used for sea-going issues;
b) Disseminate notices to mariners;
c) Establish the directory of sea
lanes and navigational routes within Vietnamese territorial waters;
d) Follow other relevant forms in
accordance with laws.
2. Maritime state regulatory
agencies shall assume the following responsibilities:
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b) Conduct establishment and
publication of the directory of sea lanes and navigational routes within
Vietnamese territorial waters.
3. Establishment and publication of
the directory of sea lanes within Vietnamese territorial waters shall be
financed by the state budget and other legitimate financing sources.
Article 113. Inspection and
examination of ships’ conformity to requirements for assurance of maritime
safety, security, occupation and environmental protection
1. Ships which operate within port
water areas, internal waters and territorial waters of Vietnam shall be subject
to inspection and examination of the maritime Inspectorate and the port
authority to ensure their conformity to requirements for assurance of maritime
safety, security, occupation, fire and explosion prevention and environmental
protection in accordance with Vietnamese laws and regulations and international
agreements to which the Socialist Republic of Vietnam is a party.
2. Inspection and examination
stipulated in Clause 1 of this Article must be performed in accordance with
laws and cause no adverse impact on any possibility of maritime safety and
security and conditions for assurance of maritime occupation, fire and
explosion prevention and environmental prevention.
3. The shipowner and master shall
be held responsible for providing favorable conditions for competent state
regulatory agencies referred to in Clause 1 of this Article to carry out their
ship inspection and examination.
4. The shipowner and master shall
be responsible for taking any necessary measure to correct any ship defect in
maritime safety, security, occupation, fire and explosion prevention and
environmental protection upon the request of the maritime inspectorate and the
port authority.
Article 114. Temporary detention
of ships
Temporary detention of ships shall
apply under the following circumstances:
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2. All statutory fines have not
been paid in full yet as stipulated by laws.
3. The ship is charged with
commission of any violation against laws for which a temporary detention is
imposed in accordance with laws.
Article 115. Authority to
temporarily detain ships and term of such temporary detention
1. The Director of the port
authority shall be vested with authority to temporarily detain ships under the
provisions of Clause 1 Article 114 hereof within a period of less than 05 days.
Where it is necessary to extend the
term of such temporary detention for the purpose of collection of evidence used
for investigation in a maritime accident that happened within a port water
area, the Director of the port authority shall report to maritime state
regulatory agencies for consideration and decision to extend the validity term
of such temporary detention which is restricted to less than 05 days; where any
maritime accident occurs outside the port water area, the extended period of
temporary ship detention shall be considered and decided by the Minister of
Transport of Vietnam.
Investigation in a maritime
accident must be conducted in an imperative manner and the temporary ship
detention must be terminated promptly after sufficient evidence is collected
for investigation purposes.
2. The person who is accorded
authority over temporary ship detention as defined in the Law on handling of
administrative violations shall be entitled to temporarily detain ships under
the provisions of Clause 2 Article 114 hereof. Temporary ship detention shall
be terminated immediately after all administrative fines have been completely
paid or full payment for such fines is guaranteed.
3. Authority and term of temporary
ship detention as stipulated in Clause 3 Article 114 of this Code shall be
consistent with laws and regulations.
4. The person who grants the
decision on temporary ship detention shall be liable for compensation for any
damage or loss incurred from any wrong detention as prescribed by laws.
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1. The person who is accorded
authority over temporary ship detention as stipulated in Article 115 hereof
shall make a decision on temporary ship detention in respect of cases specified
in Article 114 hereof. The temporary ship detention decision must be immediately
delivered to the master of the ship subject to the temporary detention,
maritime state regulatory agencies and other relevant state regulatory
authorities located at seaports.
2. Upon receipt of the temporary
ship detention decision referred to in Clause 1 of this Article, the ship
master and interested persons must follow requirements set out in such
temporary ship detention decision.
3. After the reasons for temporary
ship detention no longer persist or term of such temporary ship detention
expires and there is no decision on extension of the temporary ship detention
in accordance with laws and regulations, the person accorded authority over
temporary ship detention must grant the decision to terminate the temporary
ship detention and deliver such decision to the master of the ship subject to
such detention, maritime state regulatory agencies and others located at
seaports.
4. The temporary ship detention
must be documented.
5. The Government of Vietnam shall
adopt specific provisions on the temporary ship detention to serve the purpose
of investigation into a maritime accident.
Article 117.
Complaints and resolution of complaints against decision on temporary ship
detention
The ship master, shipowner or
operator shall be vested with rights to file any complaint against the
temporary ship detention decision. Processes and procedures for resolution of a
complaint shall be consistent with laws and regulations on complaints.
Article 118. Sea protest
1. Sea protest refers to a document
which is created by the ship master and served as a statement of situations
that a ship has faced and measures that the ship master has applied to remedy
these situations, restrict any possible loss or damage and protect legitimate
rights and interests of the shipowner and persons involved.
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3. State agencies accorded
authority to certify that a sea protest has been filed in Vietnam include the
port authority or the People’s Committees of the nearest commune.
State agencies accorded authority
to certify that a sea protest has been filed in an overseas country include the
nearest representative agencies of Vietnam or any accredited agency or
organization located within such country where the ship is operating.
4. A sea protest shall be made and
certified in Vietnamese or English language. If a sea protest is made in
English language, it must conform to requirements set out by the agency
accorded authority to certify such filing of the sea protest, and the ship
master must submit an attached Vietnamese translation version.
5. Regulations on a sea protest
shall also be applied to other types of ships operating within a Vietnamese
port water area and territorial waters.
6. The Minister of Transport of
Vietnam shall adopt specific regulations on submission and certification of sea
protests.
Article 119.
Legal value of a sea protest
1. The sea protest certified under
the provisions of this Code shall have value as evidence for resolution of any
relevant dispute.
2. The certified sea protest shall
not exempt the ship master from liability for concerning events.
Article 120. Time limit for
filing of a sea protest
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2. If an accident or incident
occurs at a Vietnamese seaport, the sea protest must be submitted to competent
authorities for certification no later than 24 hours from the time of
occurrence of such accident or incident.
3. If an accident or incident
concerning cargo stored in a cargo hold occurs, the sea protest must be
submitted to competent authorities for certification before uncovering that
cargo hold.
4. If it is impossible to submit a
sea protest under the provisions of Clause 1, 2 and 3 of this Article, the
filed sea protest must clearly specify reasons.
Article 121. Submission of a
supplemental sea protest
The ship master shall be entitled
to prepare a supplemental sea protest whenever necessary for submission to
competent authorities for certification.
Article 122. Maritime search and
rescue
1. Ships and hydroplanes which are
in distress and need any help must send a distress call in accordance with laws
and regulations.
2. Any ship or hydroplane that
discovers or receives a distress call from people or other ship in distress at
sea or a port water area, if there are necessary and sufficient actual
conditions for any rescue action and if rescue activities do not pose any
serious danger to the ship and people onboard, must make every effort to help
and rescue people in distress, even though such effort entails the ship's going
off the predetermined course, and must promptly advise any relevant
organization and individual of this.
3. The maritime search and rescue
coordination authority must stay always ready to organize and cooperate on
search and rescue operations in a timely manner to search and rescue people in
distress within the search and rescue area under its management and shall be
entitled to mobilize people and equipment for the purpose of participation in
search and rescue efforts.
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Article 123.
Maritime accidents
1. Maritime accident refers to any
event directly relating to ship operations which may lead to one of the
following consequences: dead, missing or seriously injured people; ship
collision; severe damage to the ship structure; missing, wrecked, sunken,
stranded and outmaneuvered ships; damage to maritime infrastructure facilities
or serious environmental pollution.
Maritime accidents shall not
include acts that intentionally cause harm to people, ships, maritime
infrastructure facilities or environment.
2. The Director of the port
authority must conduct investigation into any maritime accident; in the course
of investigation into such maritime accident, if any sign constituting an
offence is found, all documents and records relating to such offence must be
transferred to the competent investigation authority.
3. The Minister of Transport of
Vietnam shall adopt detailed regulations on maritime accident reporting and
investigation.
Article 124. Protection for
maritime structures
1. Protection for maritime
structures includes operations aimed at ensuring that these maritime structures
meet safety and quality standards; measures to prevent, control and deal with
acts of infringement against such structures which may pose dangers to human
lives and cause damage to state and public-owned assets.
2. Extent of protection includes
maritime structure, its enclosure facilities, aerial parts, underwater parts
and underground parts related to safety for maritime structures and assurance
of safety for maritime operations.
3. Outside the extent of protection
for seaport structures and navigational channels, construction and other
operations shall not be allowed to cause impact on safety for utilization of
these seaport structures and navigational channels.
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1. Investing in constructing,
managing operation of, repairing and protecting maritime structures must be
consistent with relevant laws and regulations together with technical standards
which have already been issued or published by competent authorities.
2. Upon formulating the plan that
may have any impact on maritime structures, Ministries and provincial People’s
Committees must send a written request for any advice of the Ministry of
Transport of Vietnam.
3. Organizations and individuals
investing in construction, conduct of operation of maritime structures must
have plans to protect these maritime structures, including the following basic
contents:
a) Determination of the extent of
protection for maritime structures in accordance with provisions laid down in
this Code;
b) Establishment of maritime
signaling systems installed for maritime structures;
c) Human resource; registered
address, telephone number used for protection for maritime structures;
d) Means and instruments used for
protection for maritime structures;
dd) Plan to protect maritime
structures and methods of inspection and oversight provided by the project
owner or operator of such structures;
e) Measures to deal with any
damage, maritime accident, incident or any act of offence that may impact
safety during the process of operation of maritime structures;
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Article 126. Extent of
protection for maritime structures
1. Extent of protection for
maritime structures must include:
a) As for port terminal and wharf,
the extent of protection is calculated from the outer edge of each structure to
the outer limit of a water area facing against a seaport or wharf;
b) As for offshore oil ports, the
extent of protection is restricted by the safety belt and the safety zone where
navigation and anchoring are prohibited;
c) As for navigational channels,
the extent of protection is calculated from the centre of the concrete block
for buoy marking navigational channels to both sides of navigational channels
which are determined according to the technical regulations for navigational
channels;
d) As for maritime signaling
systems, the extent of protection is calculated outwards from the centre of the
maritime signaling system which is determined according to the technical
regulations for maritime signaling systems;
dd) [19]
As for the aerial and underground parts of maritime works, the safety perimeter
of these parts is specifically determined in respect of each work on the basis
of the comprehensive planning for seaport system development, detailed planning
for a cluster of seaports, ports, wharves, mooring buoys and dedicated waters,
technical standards and relevant regulations of law.
2. The competent authority must
even include contents of the extent of protection for maritime structures when
announcing a maritime structure's being brought into operation.
3. The Government of Vietnam shall
adopt specific provisions on distance and extent of protection for maritime
structures.
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1. When discovering that a maritime
structure has been encroached upon or exposed to a risk of insecurity, the
project owner, the person in charge of conducting operation of such maritime
structure, or the person who made such discovery, shall be responsible for
promptly reporting to the port authority that manages such maritime structure
to find timely measures.
2. Upon receipt of reported
information, the Director of the port authority must direct the project owner
or the person in charge of conducting operations of this maritime structure to
apply any necessary measure to protect the maritime structure and reduce any
loss that may happen to the minimum; concurrently, report to the competent
authority and government of the locality where such maritime structure is
located with the aim of giving assistance and applying any necessary measure to
respond to and mitigate any accident, handle any violation and assure safety
for such maritime structure.
3. The project owner or operator of
a maritime structure must be responsible for strictly comply with directions of
the port authority or competent authority; apply measures to respond to and
mitigate any accident and prevent any violation according to the plan for
protection of maritime structures; create any necessary warning or alert to
assure safety for the vicinity of that maritime structure; promptly alleviate
any consequence in order to bring the maritime structure into operation in a
safe manner as soon as possible.
4. The competent authority,
government of the locality where the violated maritime structure is located,
upon discovering any violation or receiving information about any maritime
structure which is exposed to any encroachment or any risk of insecurity, must
imperatively cooperate with the port authority of this locality, the project
owner or the person in charge of conducting operations of maritime structures
to deal with such violation, respond to and mitigate any accident in accordance
with laws.
Article 128.
Environmental protection in maritime operations
1. Construction of a ship or
seaport must entail installation of environmental protection equipment in
accordance with laws and regulations; have oil and hazardous chemical spill
response plans.
Seaport must have plans and
solutions to receive and treat wastes discharged from ships in accordance with
applicable laws.
2. The shipowner, seaport owner and
organizations or individuals involved must comply with laws and regulations on
environmental protection.
Chapter VI
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Section 1. GENERAL PROVISIONS
Article 129. Arrest of ships
Arrest of ships refers to detention
or restriction on removal of a ship by order of a Court to secure a maritime
claim, apply interim injunctions, enforce civil judgments and perform mutual
legal assistance.
Article 130. Authority to decide
arrest of ships [20]
1. The People’s Court of the region
where the seaport at which a ship subject to an arrest request is operating is
located shall be vested with authority to issue a decision to arrest that ship.
Where a seaport has different port
terminals located in communes, wards and special zones under the territorial
jurisdiction of different regional People's Courts, the People’s Court of the
region where the port terminal at which a ship subject to an arrest request is
operating is located shall be vested with authority to grant a decision to
arrest that ship.
2. The People’s Court that is
dealing with a civil case, or the People's Court of the region where the
Arbitration Council is resolving any dispute, shall be accorded authority to
impose an arrest of a ship as an interim injunction.
Two copies of a judgment on arrest
of a ship by a Court shall be delivered to the port authority in which one copy
is used as the basis for implementation and the remaining other is given to the
master of the arrested ship to serve the purpose of implementation.
3. The Chief Justice of the
provincial People’s Court shall consider and decide the Court that shall have
authority to grant a decision on arrest of a ship in the event that there is
any dispute over jurisdiction between the regional People's Courts within the
same province or central-affiliated city.
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Article 131.
Responsibility for requesting wrongful arrest of ships
1. The applicant for arrest of a
ship must be held legally liable for his request. If the request for arrest of
a ship is wrongful, which may lead to any loss, such applicant shall be
responsible for compensating for any loss or damage possibly incurred.
2. Any loss or damage that may be
incurred from consequence of such request for wrongful arrest shall be dealt
with as agreed upon between parties. Where there is any disagreement or dispute
that may arise, the Court or Arbitration Tribunal shall be requested to settle
this disagreement and dispute in accordance with laws.
3. If the Court that grants a
judgment on arrest of a ship which is not based on the reasons for a request
for arrest or does not serve on the ship as the right subject matter of such
request, which may cause any loss or damage, it shall be liable for any
compensation in accordance with laws and regulations.
Article 132. Measures of
financial security for request for arrest of ships
1. The person requesting arrest of
ships must provide financial security in either or both of the following forms:
a) Submitting asset-backed security
documents issued by banks or other credit institutions, or individuals,
agencies or organizations;
b) Depositing a sum or valuable
papers according to the Court’s judgment over execution of financial security
in an escrow account opened at the bank within an area where the work office of
the Court accorded authority to arrest a ship is located no later than 48 hours
of receipt of such judgment.
2. Value of a financial security
shall be decided by the Court and shall be proportionate to any loss or damage
incurred due to consequences arising from request for wrongful arrest of a
ship.
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1. The person submitting a claim
for arrest of ships shall be liable for paying charges in accordance with laws.
2. Charges for arrest of ships
shall be paid to the Court accorded authority to grant a decision on arrest of
ships as stipulated by Article 130 hereof within a duration of 48 hours of
receipt of request for payment of such charges.
Article 134. Documents and
evidence attached in a written request for arrest of ships or a written request
for release of ships from arrest
1. Upon filing a request for arrest
or release of ships, the person requesting such arrest must file a written
request for arrest of ships or a written request for release of ships from
arrest, enclosing documents and evidence stating that such request or release
of ships is sound and legitimate.
2. Where documents about and
evidence for a request for arrest or release of ships from arrest are all
written in a foreign language, a Vietnamese translation copy must be submitted
and legally authenticated in accordance with Vietnamese legislation. With
respect to documents and papers created, issued and certified by a foreign
competent authority in accordance with such foreign country's laws, the
consular legalization is required, except when this consular legalization
process is exempted in uniformity with international agreements to which the
Socialist Republic of Vietnam is a party.
Article 135. Notification of
entry of decision on arrest of ships, or decision on release of ships from
arrest
1. The Director of the port
authority shall be charged with notifying in writing a Court, state maritime
regulatory agency and relevant competent authorities operating at a seaport of
the decision on arrest of ships or the decision on release of ships from
arrest.
2. The ship master shall be
responsible for notifying the shipowner, charterer, operator and other
interested parties of arrest or release of ships.
Article 136. Obligations of
owner of property during period of arrest of ships
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2. Where the owner, charterer and
operator of a ship do not provide or is no longer capable of providing funds
for maintenance of safe operations of ships, the ship master, agent of the
shipowner shall be responsible for applying necessary measures to ensure
maintenance of safe operations of arrested ships.
3. In the event that an authority
enforcing the decision to arrest a ship provides funds for maintenance of safe
operations of the ship, the shipowner, charterer and operator shall be
responsible for paying all costs incurred from maintenance of safe operations
of such ship during the period of arrest to the authority enforcing the
decision to arrest that ship on condition that it is established that the
request for arrest is rightful.
Article 137. Release of ships
from arrest
1. A ship which has been arrested
shall be released under the following circumstances:
a) After the shipowner, charterer
or operator has provided sufficient security or has paid a full amount of debts
and costs incurred during the process of arrest of such ship;
b) Decision on arrest of a ship has
been cancelled;
c) The validity period of arrest of
a ship according to the decision on such arrest has expired.
2. In the absence of agreement
between parties as to the amount and form of substitution security, the Court
shall determine its nature and amount thereof, not exceeding the value of the
arrested ship. The person requesting arrest of a ship shall not be allowed to
take any action that may harm property or other interests of the shipowner,
charterer or operator.
3. The ship shall be released upon
the request of the person filing a request for arrest of a ship; in this case,
all costs incurred shall be covered by such person.
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1. Arrest of a ship with an aim of
securing a maritime claim shall be consistent with regulations laid down in
Section 2 of this Chapter and laws on procedures for arrest of ships.
2. Arrest of a ship in case of
application of an interim injunction, for the purpose of ensuring enforcement
of a civil judgment and providing mutual legal assistance shall be consistent
with laws on civil proceedings, procedures for arrest of ships and other
applicable legal regulations.
Section 2. ARREST OF SHIPS FOR
PURPOSE OF SECURING A MARITIME CLAIM
Article 139. Maritime claim
leading to right of arrest of a ship
A maritime claim leading to the
right of arrest of a ship refers to a claim arising out of one or more of the
followings:
1. Cases stipulated in Article 41
hereof;
2. Any damage or threat of damage
caused by the ship to the environment or other relevant interests; measures
taken to prevent, minimize or remove such damage; compensation for such damage;
costs of reasonable measures which have been or will be actually applied to
reinstate the environment; loss incurred or likely to be incurred by third
parties in connection with such damage; and damage, costs, or loss of a similar
nature to those identified in this Clause;
3. Costs or expenses relating to
the raising, removal, salvage, destruction or rendering harmless of a sunken,
stranded or abandoned ship, including anything that is or has been on board
such ship, and costs or expenses relating to the preservation of an abandoned
ship as well as payments to the ship's seafarers;
4. Any agreement concerning the use
or hire of a ship, whether contained in a charter-party or otherwise;
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6. Loss of or damage to or in
connection with goods, including baggage carried onboard the ship;
7. General average;
8. Towage;
9. Pilotage;
10. Goods, materials, provisions,
bunkers, equipment (including containers) supplied or services rendered to the
ship for its operation, management, preservation or maintenance;
11. Construction, reconstruction,
repair, converting or equipping of the ship;
12. Disbursements incurred on
behalf of the shipowner;
13. Insurance premiums payable by
or on behalf of the shipowner or bareboat charterer;
14. Any commissions, brokerages or
agency fees payable in respect of the ship by or on behalf of the shipowner or
bareboat charterer;
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16. Any dispute between co-owners
of the ship as to the employment or earnings of the ship;
17. A ship mortgage;
18. Any dispute arising out of a
contract for the sale of the ship.
The claimant defined in this
Article shall have the right to request the jurisdictional Court referred to in
Clause 1 Article 130 hereof to grant a decision on arrest of ships in order to
secure a maritime claim.
Article 140. Conditions for
arrest of ships for purpose of securing a maritime claim
1. Upon receipt of a request for
arrest of a ship, in order to secure the settlement of a maritime claim as
stipulated by Article 139 hereof, the Court shall grant a decision on arrest of
such ship under the following circumstances:
a) The person who was the owner of
the ship at the time the maritime claim arose shall be liable for such claim
and remains the owner of the ship at the time the arrest is effected;
b) The bareboat charterer of the
ship at the time the maritime claim arose shall be liable for such claim and
remains the bareboat charterer or the owner of the ship at the time the arrest
is effected;
c) The maritime claim arises out of
a mortgage or a hypothèque or a charge of the same nature on the ship;
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dd) The maritime claim is secured
by a maritime lien on the ship.
2. Arrest of a ship is also
permissible of any single ship or other ships which, when the arrest is
effected, is or are owned by the person who is liable for the maritime claim
and who was, when the claim arose:
a) Owner of the ship in respect of
which the maritime claim arose;
b) Bareboat charterer, time
charterer or voyage charterer of that ship.
3. The provision laid down in
Clause 2 of this Article does not apply to maritime claims in respect of
ownership or possession of a ship.
Article 141. Period of arrest of
ships during which a maritime claim is secured
1. The period of arrest of a ship
during which a maritime claim is secured shall last 30 days from the date on
which the ship is arrested.
2. During the period of arrest of a
ship as a manner of securing a maritime claim, if the person filing a request
for such arrest brings proceedings before a Court or submit a claim to the
Arbitration Tribunal against any dispute and insists on request for such
arrest, the period of such arrest for the purpose of securing the claim shall
terminate whenever the Court decides whether an interim injunction is applied
to arrest such ship.
Article 142. Bases for release
of a ship arrested to secure a maritime claim
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a) The shipowner, charterer or
operator has already implemented security measures or repaid all debts owed;
b) Property-related obligations
assumed by the shipowner, charterer or operator have been secured by any other
person acting on their behalf, or have been fulfilled under the letter of
commitment issued by a credit institution. The Ministry of Finance of Vietnam
shall make the list of reliable credit institutions known to the public;
c) Upon the request of the person
filing a request for arrest on his own;
d) Decision on arrest of a ship has
been cancelled;
dd) The validity period of arrest
of a ship according to the Court’s judgment has expired.
2. Security measures shall be
agreed upon between parties. In the absence of agreement between parties as to
the amount and form of the security, the Court shall determine its nature and
amount thereof, not exceeding the value of the arrested ship or of property
obligation which serves as the basis for such arrest in the event that such
property obligation is less than the value of the ship.
Article 143. Request for release
of an arrested ship to secure a maritime claim
Whenever there exists one of bases
referred to in Points a, b and c Clause 1 Article 142 hereof, the shipowner,
charterer, operator, master, person filing a request for arrest of a ship and
other persons involved shall be entitled to release the arrested ship.
Article 144. Re-arrest of a ship
for purpose of securing a maritime claim
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a) Total value of security provided
is not sufficient to secure such property obligation if such total value is
less than value of the released ship;
b) The guarantor securing the property
obligation on behalf of the shipowner, charterer or operator fails or is unable
to meet a part or whole of the property obligation undertaken;
c) Release of a ship or
cancellation of any security measure has already been ordered upon the request
of the person submitting a claim for such arrest on sound and sufficient
grounds;
d) The person submitting a claim
for arrest of a ship is not capable of preventing such release or cancellation
of such security measure even though necessary measures have been applied.
2. If there is an absence of the
Court’s judgment over arrest of the ship or the ship has escaped from the place
of arrest, such ship shall not be considered to be released from arrest, except
when the judgment over such arrest has been void or the period of arrest
according to the Court’s judgment has expired.
3. Procedures for re-arrest of a
ship with an aim of securing a maritime claim shall be similar to those for
arrest thereof in accordance with regulations laid down in this Section.
Chapter VII
CONTRACT FOR CARRIAGE OF GOODS BY SEA
Section 1. GENERAL PROVISIONS
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1. Contract for carriage of goods
by sea refers to an arrangement between a carrier and shipper under which the
carrier is paid freight by the charterer and uses a ship to carry goods from
the port of loading to the port of discharge.
2. Goods refer to machinery,
equipment, raw materials, bunkers, consumer goods and other movable property,
including live animals, and containers or similar articles of transport
provided by the consignor to consolidate goods carried under a contract for
carriage of goods by sea.
Article 146. Types of contract
for carriage of goods by sea
1. Bill of lading contract refers
to a contract for carriage of goods by sea concluded to include terms and
conditions whereby the carrier is not bound to provide the whole or a specified
part of a ship for the shipper, but relies on the nature, quantity, size or
weight of goods for carriage purposes.
The bill of lading contract shall
be concluded in the form agreed upon between parties.
2. Voyage charter-party refers to a
contract for carriage of goods by sea concluded to include terms and conditions
whereby the carrier is bound to provide the whole or a specified part of a ship
for the shipper with the purpose to carry goods on a voyage.
The voyage charter-party must be
concluded in writing.
Article 147. Parties to contract
for carriage of goods by sea
1. The shipper (sometimes referred
to as consignor) refers to a person who concludes on his own, or authorizes
other person to conclude the contract for carriage of goods by sea with a
carrier. For the purposes of a bill of lading contract, the shipper is called
the shipper.
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3. The actual carrier refers to a
person authorized by the carrier to perform the whole or a part of carriage of
goods by sea.
4. Consignor (sometimes referred to
as shipper) refers to a person who delivers on his own, or is entrusted by
other person to deliver goods under a contract for carriage of goods by sea.
5. Consignee refers to a person who
is entitled to receive goods in accordance with Article 162 and 187 hereof.
Article 148. Transport documents
1. Transport document includes bill
of lading, through bill of lading, sea waybill and other transport documents.
Form of a bill of lading, through bill of lading shall be issued by an enterprise
and must be sent for storage purposes to maritime state authorities.
2. Bill of lading refers to a
transport document used as evidence that the carrier has received goods of
which quantity, nature and condition are consistent with those specified in that
bill of lading for the purpose of carrying such goods to the place of
discharge; evidence of ownership of the goods which is considered as a manner
of disposing of, receiving the goods, and as evidence for a contract for
carriage of goods by sea.
3. Through bill of lading refers to
a bill of lading clearly stating that carriage of goods is performed by at
least two sea carriers.
4. Sea waybill is used as evidence
that the goods are received as aforesaid stated in a sea waybill; evidence for
a contract for carriage of goods by sea.
Sea waybill is non-negotiable.
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Article 149.
Freight charge and surcharge on freight charge for sea transportation service
1. Freight charge for a sea
transportation service refers to a sum paid to the carrier as agreed upon in a
sea-carriage contract.
Surcharge on freight charge for a
sea transportation service (if any) refers to an additional sum paid to the
carrier which is other than the freight for that sea transportation service.
2. Enterprises shall post prices of
freight charges in accordance with laws and regulations on price and surcharges
on freight charges for sea transportation service in accordance with the
Government’s regulations.
Article 150. Carrier’s
obligations
The
carrier shall be bound before and at the beginning of the voyage to exercise
due diligence to make the ship seaworthy; properly man, equip and supply
the ship; make the holds, refrigerating and cool chambers, and all other parts
of the ship in which goods are carried, fit and safe for their reception,
carriage and preservation of goods.
Article 151. Relief of carrier’s
liabilities
1. The carrier shall be relieved
from liability for compensation for any loss of or damage to goods arising or
resulting from the ship’s unseaworthiness if all obligations referred to in
Article 150 hereof has already been fulfilled. Whenever
loss or damage has resulted from unseaworthiness, the burden of proving the
exercise of due diligence shall be on the carrier.
2. The carrier shall be totally
exempted from liabilities for any loss of and damage to goods arising out of or
resulting from the followings:
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b) Fire, unless caused by the
actual fault or privity of the carrier;
c) Perils, dangers and accidents
occurring at sea, port water area where a ship is allowed to operate;
d) Act of God;
dd) Act of war;
e) Act of infringement upon public
safety and security, unless committed by the fault of the carrier;
g) Arrest or restraint of people,
or seizure ordered by the Court or other competent authority;
h) Quarantine restrictions;
i) Act or omission of the shipper
or owner of the goods, his agent or representative;
k) Strikes or lock‑outs or stoppage or restraint
of labour from whatever cause, whether partial or general;
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m) Act of saving life or property
at sea;
n) Wastage in bulk or weight or any
other loss or damage arising from inherent defect, quality or vice of the
goods;
o) Insufficiency of packing;
p) Insufficiency or defective
conditions of marks or codes;
q) Latent defects not discoverable
by the responsible person though such person has already exercised due
diligence;
r) Any other cause arising without
the actual fault or privity of the carrier, or without the actual fault or
neglect of the agents or servants of the carrier, but the burden of proof shall
be on the person claiming the benefit of this exception to show that neither
the actual fault or privity of the carrier nor the fault or neglect of the
agents or servants of the carrier contributed to the loss or damage.
3. Delay in delivery refers to
goods not delivered within an agreed period of time, or within a period of time
which is deemed sound and sufficient for the carrier, upon exercising his due
diligence, to be able to deliver goods in the event that there is no agreement
on the delivery time. The carrier shall be relieved from liabilities for any
delay in delivery of goods arising out of or resulting from the followings:
a) The ship's going off its
predetermined route if this is approved by the consignor;
b) Force majeure events;
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d) Needing more time to provide
medical emergency treatment to seafarers or other people on board the ship.
Article 152. Limitation of
carrier’s liabilities
1. Where the characteristics or
value of goods has not been declared by the shipper before loading, or has not
been clarified in the bill of lading, sea waybill or other transport document,
the carrier shall only be liable for compensation for any loss of or damage to
goods or other loss of goods within the maximum limit equivalent to 666.67
units of account per each package or other shipping unit or 2 units of account
per kilogram of gross weight of the goods lost or damaged, whichever is the
higher
Unit of measurement referred to in
this Code is the Special Drawing Right as defined by the International Monetary
Fund.
The amount of compensation is to be
converted into the national currency of Vietnam according to the value of such
currency at the date of award of compensation.
2. When goods are consolidated in
or on a container or similar article of transport, each package or shipping
unit enumerated in bills of lading, or consolidated in that article of transport,
is deemed 01 package or 01 shipping unit referred to in Clause 1 of this
Article. If not so enumerated, such container or article of transport is deemed
01 package or 01 shipping unit.
3. Where the nature and value of
such goods have been declared by the shipper before shipment and accepted by
the carrier and embodied in a transport document, the carrier shall be liable
for any loss or damage to or in connection with goods by reference to such
value according to the following rules:
a) With respect to goods which have
been lost, the value of compensation is equal to the declared value;
b) With respect to goods which have
been damaged, the value of compensation is equal to the difference between the
declared value and the remaining value of goods damaged.
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4. The sum of damages paid for the
carrier’s liability for delay in delivery of goods is limited to an amount
which equals two and a half times the freight payable for the goods delayed,
but not exceeding total freight charge agreed upon in the contract for carriage
of goods by sea.
Article 153. Loss of benefit of
limitation of carrier's liabilities
1. The carrier is not entitled to
the benefit of the limitation of liability provided for in Article 152 if it is
proved that the loss, damage or delay in delivery resulted from an act or
omission of the carrier done with the intent to cause such loss, damage or
delay, or recklessly and with knowledge that such loss, damage or delay would
probably result.
2. A servant or agent of the
carrier is not entitled to the benefit of the limitation of liability provided
for in this Section if it is proved that the loss, damage or delay in delivery
resulted from an act or omission of such servant or agent, done with the intent
to cause such loss, damage or delay, or recklessly and with knowledge that such
loss, damage or delay would probably result.
Article 154. Shipper’s
obligations
1. The shipper must ensure that
goods meet stipulated conditions of packing or marking. Unless such conditions
are met, the carrier shall have the right to refuse to load goods on board a
ship.
2. The shipper must provide the
carrier in a timely manner with necessary documents and instructions related to
goods of an inflammable, explosive nature or others of dangerous nature, or
those subject to special handling, transportation, preservation and discharge
methods.
The shipper shall be liable for
compensation for any loss arising out of delayed provision or provision of
inaccurate or invalid necessary documents and instructions.
3. The shipper shall be held
liability to the carrier, passengers, seafarers and other owners of goods for
any loss resulting from either intentional or accidental misstatement or
misrepresentation of information about goods if the carrier has proven that
such loss arises out of the default of the shipper.
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1. The carrier shall be entitled to
discharge goods out of a ship, destroy or eliminate any harmful effect of goods
of explosive, inflammable nature or other goods of dangerous character without
being held liable for any compensation, and shall be paid a full amount of
freight charge in the event that such goods are wrongfully declared or the
carrier has not received any prior notification of and, with his general
professional knowledge, failed to recognize dangerous characters of such goods
during the goods handling process.
The shipper shall be held liable
for any loss incurred.
2. Where the carrier has consented
to load dangerous goods on board the ship and, despite prior notification or
recognition of the dangerous nature or characters of such goods with his general
professional knowledge and implementation of preservation measures in
accordance with laws and regulations, where such goods pose a threat to safety
for the ship, people and cargo onboard the ship, the carrier shall be entitled
to deal with such situation in accordance with Clause 1 of this Article. In
this case, the carrier shall be liable for any loss arising out of such
situation according to the rules regarding general average and shall only be
allowed to collect the freight charge calculated on the basis of actual
distance that the ship has traveled.
The freight charge calculated on
the basis of actual distance refers to the freight charge calculated based on
the ratio of the actual shipping distance of goods to total shipping distance
agreed upon in the contract, and the ratio of expenses, time spent, usual risks
or difficulties relating to the shipping distance that has been traveled to the
remaining shipping distance.
Article 156. Relief of shipper’s
liabilities
The shipper shall be relived from
liabilities for compensation for any loss or damage suffered by the carrier or
the ship if it is established that such loss or damage arises through no fault
of the shipper, the servant or agent of the shipper.
Article 157. Payment of freight
charge
1. Upon receiving goods, the
consignee must pay the carrier the freight charge and other costs specified in
the transport document if such sum of freight charge has yet to be prepaid.
2. The carrier shall have the right
to refuse to deliver goods and be entitled to assert the lien over goods in the
event that the shipper and consignee have yet to pay a full amount of debts or
to be provided with sound and sufficient guarantee.
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Overdue debts shall be charged at
the interest rate applied at relevant transaction banks.
Article 158. Freight in case of
loss of or damage to goods
1. Where goods are lost or damaged
during the ship voyage due to any cause, the freight payable to carry such
goods by sea shall not be charged; if it is already collected, then it must be
returned. Where goods are salvaged or returned, and unless the person who have
interests in such goods gain benefits generated by the shipping distance at
which such goods have been carried by the ship, the carrier shall only be
allowed to collect the freight payable to carry goods at an actual shipping
distance.
2. Where goods are damaged or lost
due to particular attributes, or goods are live animals which died during
transportation, the carrier shall be entitled to collect a full amount of
freight.
Article 159. Issue of bill of
lading
1. The carrier must, on demand of the
shipper, issue to the shipper a bill of lading.
2. Bill of lading may be signed and
issued in the following forms:
a) The bill of lading that clearly
specifies the consignee’s name, called nominative bill of lading;
b) The bill of lading that clearly specifies
name of the shipper or the persons designated by the shipper to issue the order
for delivery of the goods, called order bill of lading;
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3. Where an order bill of lading
does not specify name of the issuer of order for delivery of goods, the shipper
shall be automatically deemed the person vested with such right to issue the bill
of lading.
Article 160. Contents of bill of
lading
1. The bill of lading must include,
inter alia, the following particulars:
a) The name and principal place of
business of the carrier;
b) The name of the shipper;
c) The name of the consignee, or
statement that the bill of lading is issued in the form of an order or
anonymous bill of lading;
d) The name of the ship;
dd) The name of the goods,
description of nature, size, volume, number of pieces, weight or value of the
goods whenever necessary;
e) Description of external or
packaging conditions;
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h) Freight and other fees payable
to the carrier; payment method;
i) Place of receipt and port of
loading;
k) Port of discharge or indication
of the time when and place where the port of discharge is designated;
l) The number of originals of the
bill of lading issued to the shipper;
m) The time and place of issue of
the bill of lading;
n) The signature of the carrier or
master or a person acting on the carrier’s behalf.
The absence in the bill of lading
of one or more particulars referred to in this Clause does not affect its legal
character provided that it nevertheless meets the requirements set out in
Article 148.
2. Where the carrier’s name is not
specified in the bill of lading, the shipowner shall be deemed the carrier.
Where the bill of lading issued as per Clause 1 of this Article contains
inaccurate and fraudulent particulars about the carrier, the shipowner shall be
liable for any compensation for any loss arising and shall be then accorded the
right to request the carrier’s reimbursement.
Article 161. Insertion in bill
of lading
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2. The carrier may refuse to enter
in the bill of lading description of the goods if there are reasonable grounds
of accuracy of particulars declared by the shipper at the time of loading, or
reasonable means of checking such particulars is not in place.
3. The carrier shall be entitled to
refuse to note on the bill of lading marks, signs of the goods if they have yet
to be inscribed on each parcel or package and ensure easy visibility at the end
of a voyage.
4. Where the goods are packed
before being delivered to the carrier, the carrier shall be entitled to note on
the bill of lading that internal contents are not known.
5. The carrier shall not be liable
for compensation for any loss of or damage to the goods or any loss concerning
the goods under every circumstance, if the shipper has willfully misrepresented
particulars about the nature and value of the goods during the process of
loading goods and such wrongfully declared particulars have been inserted into
the bill of lading.
Article 162. Transfer of bill of
lading
1. The order bill of lading is
transferred by endorsement. The last signer vested the right to issue the order
for delivery of goods in the order bill of lading is the legitimate consignee
of the goods.
2. The anonymous bill of lading is
transferred by the carrier’s handing over such bill of lading to the
transferee. The person who shows the anonymous bill of lading is the legitimate
receiver of the goods.
3. The nominative bill of lading
shall not be transferred. The person whose name is borne in the nominative bill
of lading is the legal receiver of the goods.
Article 163. Transport documents
other than bills of lading
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Article 164. Application of
through bill of lading
Regulations set forth in this Code
on bills of lading shall be applied to the through bill of lading signed and
issued by the carrier, unless otherwise stipulated by laws and regulations.
Article 165.
Carrier’s right to dispose of goods
1. The shipper shall be accorded
the right to dispose of goods until the goods are received by the legal
consignee, if such right has yet to be transferred to other person; discharge
the goods before the ship starts its voyage, change the consignee or the
discharge port after the voyage has started on condition that the shipper
compensates for every loss or damage and related costs. The carrier shall only
be obliged to fulfill the shipper’s requirements after recalling all of issued
bills of lading.
2. Rights referred to in Clause 1
of this Article shall not be applied if exercise of such rights may lead to any
significant delay for the start of a voyage, unless otherwise approved by the
carrier.
Article 166. Obligations to
discharge goods
When the ship arrives at the port
of discharge, the carrier shall be obliged to deliver the goods to the legal
consignee if that consignee shows the original bill of lading, sea waybill or
other transport document to take delivery of such goods as referred to in
Article 162 hereof. After the goods have been discharged, the remaining
transport document shall become void.
Article 167. Treatment of
retained goods
1. If the consignee does not
receive, refuse to receive or delay receiving, the goods, the carrier shall be
entitled to discharge the goods and send them to be stored in a safe and
appropriate place and notify the shipper of this. The consignee shall be held
liable for all costs and loss or damage incurred.
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3. Compensation for any loss or
damage incurred by retaining the ship to discharge and deliver the goods as
referred to in Clause 1 of this Article shall be similar to the case where the
ship is retained for the purpose of discharge of the goods.
4. Within 60 days from the date of
the ship's arrival at the port of discharge, if nobody takes delivery of the
goods or the consignee fails to pay all of debts or provide necessary
guarantees, the carrier shall be entitled to auction such goods for debt
repayment purposes; if the goods are perishable or sending them to a
safekeeping place as mentioned above is too costly in comparison with the
actual value of the goods, the carrier may auction such goods by the agreed
deadline.
The carrier shall be obliged to
notify the shipper of cases stipulated in Clause 1, 2 and 4 of this Article and
the intention to sell the goods for debt repayment in accordance with
regulations laid down in this Clause.
5. The treatment of goods retained
at a Vietnam's port as referred to in regulations laid down in this Article and
other kinds of goods which are stagnant at the port shall be consistent with
the Government's regulations.
Article 168. Sum earned from
auctioning of goods
1. After being spent on repayment
of debts owed to the consignee, costs relating to sending of goods for
safekeeping purposes and auctioning of the goods as referred to in Article 167
hereof, the remaining sum must be deposited in a bank account to pay such sum
to the person entitled to such sum.
2. Where the sum obtained from such
auctioning is not adequate to pay the aforesaid amounts stated in Clause 1 of
this Article, the carrier shall be entitled to continue to request persons
concerned to pay such amounts in full.
3. Within a period of 180 days from
the auctioning of goods, if nobody claims that remaining sum, it shall be
subject to the state expropriation.
Article 169. Statute of
limitation for submission of a claim on loss of and damage to goods
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Section 2. BILL OF LADING
CONTRACT
Article 170. Time of incurrence
and termination of the carrier’s liabilities
1. The carrier’s liabilities shall
be incurred from the time when the carrier receives goods at the port of
loading, maintained during the process of carriage and terminated at the time
when the unloading of goods occurring at the port of loading has finished.
2. The reception of goods shall
begin from the time when the carrier received goods from the shipper, competent
authority or third party in accordance with laws or regulations set out in the
port of loading.
3. The discharge of goods shall be
terminated under the following circumstances:
a) The carrier has completed the
delivery of goods to the consignee; unless the consignee directly receives the
goods from the carrier, such termination shall happen in the form of discharge
of goods as requested by the consignee in accordance with the contract, laws or
commercial practices that prevail at the port of discharge;
b) The carrier has completed
delivery of goods to a competent authority or third party in accordance with
laws or regulations prevailing at the port of discharge.
4. Parties to the bill of lading
contract shall only be entitled to agree on reduction in the carrier's
liabilities for the following cases:
a) The interval between the time of
reception of goods and the time prior to the time of loading of goods on board
the ship, and the interval between the time when discharge of the goods
finishes and the time when delivery of the goods is completed;
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c) Carriage of goods on deck.
Article 171. Obligations of
carrier of goods under bill of lading contract
Notwithstanding Article 150 hereof,
the carrier carrying goods under the bill of lading contract shall take on the
following obligations:
1. Bear responsibility for loading
and unloading of goods in a careful and appropriate manner, and carefully
preserve goods during the carriage process;
2. Notify the shipper of the place
of loading of goods onboard the ship, the time when the ship is ready for
reception of goods and the permitted duration of storage of goods in a timely
manner. This notification is not applied to liners, except when there is any
change to the ship schedule.
Article 172. Deck cargo
The carrier is entitled to carry
the goods on deck only if such carriage is conducted under an agreement between
the carrier and the shipper or commercial practices and must be specified in
the relevant transport document.
Article 173. Liability of
carrier, actual carrier, servant and agent
1. Where the performance of the
carriage or part thereof has been entrusted to an actual carrier, the carrier
nevertheless remains responsible for the entire carriage according to the
provisions of this Section. The carrier is responsible, in relation to the
carriage performed by the actual carrier, for acts performed by the actual
carrier and his servants and agents acting within the scope of their
employment.
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3. Any special agreement under
which the carrier assumes obligations not imposed by this Chapter or waives
rights conferred by this Code affects the actual carrier only if agreed to by
him in writing. Whether or not the actual carrier has so agreed, the carrier
nevertheless remains bound by the obligations or waivers resulting from such
special agreement.
4. Where and to the extent that
both the carrier and the actual carrier are liable, their liability is joint
and several.
5. The aggregate of the amounts
recoverable from the carrier, the actual carrier and his servants and agents
shall not exceed the limits of liability provided for in this Section.
Article 174. Inspection and
notice of loss, damage or delay in delivery of goods
1. The consignee, prior to taking
delivery of goods at the port of discharge, or the carrier, prior to delivering
goods at the port of discharge, may request an inspection authority to inspect
the goods. The applicant for inspection shall be liable for inspection costs
and be entitled to recover such costs from the party at fault.
2. The
carrier is presumed to have delivered the goods according to their description
in the bill of lading, sea waybill or other transport document unless notice of
loss of or damage to the goods was given in writing to the carrier within 03
days from the date of reception of the goods, if any apparent loss of or damage
to the goods was discovered; in respect of the goods which have been inspected
under the provisions of Clause 1 of this Article, a written notice thereof is
not required.
Any agreement inconsistent with
provisions laid down in this Clause is considered invalid.
3. The consignee may give a notice
of loss of goods unless the goods have not been received within 60 consecutive
days after the day when the goods should have been handed over to him as agreed
upon in the contract.
4. No compensation shall be payable
for loss resulting from delay in delivery unless a notice has been given in
writing to the carrier within 60 consecutive days after the day when the goods
should have been handed over to the consignee as agreed upon in the contract.
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Article 175. Use of ships under
voyage charter-party
The carrier is bound to use the
ship agreed to in the contract to carry goods, except when the shipper agrees
with the carrier to replace the designated ship by other ship.
Article 176. Transfer of rights
in voyage charter-party
The shipper may transfer his
contractual rights to the third party in the absence of the carrier's consent
but remains responsible for executing the signed contract.
Article 177. Issue of bills of
lading in voyage charter-party
Where the bill of lading is signed
and issued according to the voyage charter-party and the holder of the bill of
lading is not the shipper, rights and obligations of the carrier and the holder
of the bill of lading shall be regulated by terms and conditions specified in
that bill of lading; if terms and conditions of this charter-party have been
inserted into the bill of lading, these terms and conditions shall prevail.
Article 178. Port of loading and
place of receipt
1. The carrier is bound to maneuver
the ship to the port of loading to get it ready to receive goods at the time
and place agreed upon in the contract; hold the ship at the place of receipt
according to terms and conditions of the contract of carriage.
2. The carrier shall maneuver the
ship to the place of receipt designated by the shipper. The place of receipt
must be safe, sound and is not exposed to any difficulty in the ship’s arrival,
departure and stay along with goods. In the absence of consent between
different shippers to the place of receipt or clear designation of the place of
receipt of goods by the shipper, the carrier shall maneuver the ship to the
location which is deemed the place of receipt in accordance with the prevailing
local rules.
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4. The shipper may request the
carrier to change the place of receipt though it is clearly defined in the
charter-party. The shipper must pay all relevant costs incurred by fulfillment
of requested obligations.
Article 179. Laytime for loading
of goods
1. The laytime for loading of goods
is agreed upon in the voyage charter-party. If not so agreed upon, the local
rules shall prevail.
2. The intermission incurred by the
shipper, the time of change of the place of receipt requested by the shipper
shall be included in the period of loading of goods.
3. The intermission incurred by the
carrier or due to force majeure or weather conditions affecting the loading of
goods according to accepted technical standards or likely to pose dangers to
loading of the goods shall not be included in the period of loading of the
goods.
4. The shipper may agree with the
carrier to pay despatch for loading of goods prior to laytime, or pay demurrage
for loading of goods after laytime.
Article 180. Demurrage period
1. Parties to the charter-party may
enter into an agreement on the extended laytime allowed as referred to in Article
179 hereof (hereinafter referred to as extended laytime). In the absence of
specific regulations on the amount of days, hours in the charter-party, the
extended laytime shall be determined by parties involved in accordance with the
local rules.
2. The demurrage sum is agreed upon
in the charter-party. If not so agreed upon, the local rules shall prevail. In
the absence of the local rules, this demurrage shall be determined on the basis
of total actual expense for maintenance of the ship and crew members within the
demurrage period.
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Article 181. Notice of readiness
1. The carrier shall be obliged to
notify in writing the shipper of the ship's arrival at the port of loading and
readiness for loading of the goods (hereinafter referred to as notice of
readiness).
2. Effective date and hour of the
notice of readiness is agreed upon between contracting parties. If not so
agreed upon, the local rules shall prevail.
3. The carrier shall be liable for
compensation for any loss or damage arising out of inconsistency of contents of
such notice of readiness with factual information at the time when the shipper
received this notice.
Article 182. Replacement of
goods
1. The shipper shall be entitled to
replace the goods specified in the contract of carriage by the goods of similar
nature unless this replacement causes any impact on interests of the carrier
and other shipper.
2. Freight charged for carriage of
such replacement goods shall not be less than the agreed-upon freight charged
for carriage of replaced goods.
Article 183. Loading and stowage
of goods aboard a ship
1. Goods must be stowed on board
the ship according to the stowage plan decided by the ship master. The stowage
of goods on board the ship must be approved by the shipper in writing.
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Article 184. Departure of ship
from port of loading
1. The carrier shall be entitled to
allow the ship to leave the port of loading after laytime for loading of goods
and extended laytime agreed upon in the voyage charter-party which has been
completed, regardless of whether the whole or a part of contractual goods is
loaded on board the ship due to causes attributable to the shipper. In this
case, the carrier shall be entitled to a full amount of freight, including the
freight charged for carriage of the goods which have not been loaded on board
the ship.
2. In the event of leasing the
whole of the ship, the carrier shall be entitled to collect a full amount of
freight provided that he fulfills the following requirements set out by the
shipper:
a) Start the voyage before the
allowed period of time;
b) Load all of the goods stored at
the place of receipt. After extended laytime expires, if loading of such goods
may lead to the demurrage period of less than 14 days, his right to collect
such full amount of freight remains unchanged under the provisions of Clause 3
Article 180 hereof.
3. In the event of leasing a part
of the ship, the carrier shall be entitled to collect a full amount of freight
and refuse to load the goods which arrived after agreed-upon laytime or
extended laytime due to causes attributable to the shipper.
Article 185. Shipping route and
time
1. The carrier shall be bound to
carry goods within an appropriate time and on the right route agreed upon in
the contract of carriage, or on the usual route unless otherwise entered into
in the contract of carriage.
2. The carrier is not considered
breach of the contract if he steers the ship off the predetermined course to
save people in distress at sea, or has other reasonable grounds for his act.
The carrier shall be discharged from liability for compensation for any loss or
damage arising out of the ship’s going off the predetermined course in this
situation.
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1. When the ship fails to arrive at
the port of discharge due to invincible causes and is not capable of awaiting
discharge of goods that may occur in another proper time, the carrier shall be
allowed to maneuver this ship to the nearest safe replacement port and notify
the shipper of this to receive any order from that charterer.
2. In respect of leasing of a whole
ship, depending on specific conditions, the ship master must make a request for
the order for the ship to arrive at the replacement port and act in compliance
with the order from the shipper; if it is impossible for the ship master to carry
out the shipper’s order, or there is none of the shipper’s order received after
a proper waiting time, the ship master may discharge the goods from the ship or
carry such goods back to the port of loading at his discretion to the extent
that the shipper’s right is duly protected. The shipper must pay the carrier
freight based on the actual distance and related costs.
3. In case of leasing of a part of
the ship, the ship master shall have the similar right to act as referred to in
Clause 1 of this Article if, after 05 days from the date of request for the
shipper’s order, he has not received any order of the shipper, or if the ship
master finds it is impossible for him to carry out this order. The shipper must
pay the carrier a full amount of freight and related costs.
Article 187. Discharge and
delivery of goods
1. The discharge of goods is
decided by the ship master. The carrier is obliged to carry out the discharge
of goods in the manner of due diligence.
2. The shipper shall be accorded
the right to dispose of goods until the goods are delivered to the legal
consignee, if such right has yet to be transferred to other person; request
unloading of the goods before the ship starts its voyage, change the consignee
or the port of discharge after the voyage has started to the extent that the
charterer is liable for compensation for every loss or damage and related
costs.
3. Rights referred to in Clause 2
of this Article shall not be applied if exercise of such rights may lead to any
substantial delay for the start of a voyage, unless otherwise approved by the
carrier.
Article 188. Freight charged for
shipping service
1. Where the goods are loaded on
board the ship in excess of an agreed tonnage stated in the contract of
carriage, the carrier shall only be entitled to collect the agreed-upon freight
charged for carriage of such goods.
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3. Upon receiving the goods, the
consignee must pay the carrier the freight charged for carriage of his goods,
compensation for ship retention or other costs related to carriage of the goods
if such sum of freight has yet to be paid in advance.
Article 189. Payment of freight
for carriage, charge for storage of goods, and handling of sums earned from
auctioning of goods
Regulations on payment of freight
for carriage of goods, handling of retained goods and sum earned from
auctioning of the goods as referred to in Article 157, 158, 167 and 168 hereof
shall be applied similarly to carriage of goods under the voyage charter-party.
Article 190. Shipper’s right to
terminate charter-party
1. The shipper shall be accorded
the right to terminate the charter-party under the following circumstances:
a) The carrier fails to maneuver
the ship to the place of receipt at an agreed time, and cause a delay in
loading of goods or commencement of a voyage; in this case, the shipper shall
be entitled to make a claim for compensation for any arising loss or damage;
b) If the goods have been
completely loaded but the ship has yet to start its voyage, or the ship is
underway at sea, the shipper is accorded the right to request discharge of the
goods and obliged to pay a full amount of freight charged for carriage of goods
and related costs to the carrier.
2. The carrier shall be entitled to
refuse to comply with the shipper’s request for discharge of the goods as
referred to in Point b Clause 1 of this Article whereas such discharge of goods
causes a delay in the ship voyage or affects other interested parties due to
any change made to the predetermined schedule.
3. In case of hiring of the entire
ship, the shipper shall be entitled to terminate the contract of carriage prior
to the ship's commencement of its voyage but would be liable for any relevant
costs, and depending on the time when such termination occurs, for freight
charged for carriage of goods according to the following rules:
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b) Paying a full amount of freight,
in case of termination of the charter-party taking place after calculation of
laytime for loading of goods or after calculation of extended laytime if the
charter-party is only binding on one voyage;
c) Paying a full amount of freight
for the whole voyage prior to commencement of which the shipper terminates the
charter-party plus half of freight charged for all of the successive voyages if
the charter-party is binding on multiple voyages.
4. Where the shipper terminates the
charter-party according to the provisions of Clause 3 of this Article, the
carrier is obliged to retain the ship at the place of receipt until the goods
are completely discharged even though such retention may lead to an excess of
laytime for loading of the goods and permitted extended laytime.
5. In case of hiring of a part of
the ship, the shipper shall be entitled to terminate the charter-party and pay
compensation for related costs, and depending on the time when such termination
occurs, for freight charged for carriage of goods according to the following
rules:
a) Paying half of freight, in case
of termination of the charter-party taking place after the permitted period of
storing the goods as agreed upon in that charter-party;
b) Paying a full amount of freight,
in case of termination of the charter-party taking place when the ship is on
its voyage.
Article 191. Carrier’s right to
terminate charter-party
The carrier shall be accorded the
right to terminate the charter-party prior to commencement of a voyage unless
the number of goods loaded on board the ship is consistent with the agreed
amount and total value of such goods is adequate to cover freight charged for
carriage of goods and goods-related costs that the carrier must pay, except if
the shipper has paid a full amount of freight or provided necessary guarantees.
The shipper is bound to pay costs relating to discharge and half of agreed-upon
freight.
Article 192. Termination of
charter-party without payment of compensation
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a) Wars may pose a threat to the
safety for the ship or goods on board the ship; the port of loading or
discharge is blocked;
b) The ship is arrested or
temporarily detained under the decision of the competent authority through no fault
of contracting parties;
c) The ship is requisitioned by the
Government;
d) The order to prohibit movement
of the goods out of the port of loading or to the port of discharge is in
effect.
2. The terminating party referred
to in Clause 1 of this Article shall be liable for costs incurred from
discharge of the goods.
3. Parties shall be entitled to
terminate a charter-party if any event referred to in Clause 1 of this Article
happens during the ship’s voyage; in this case, the shipper is obliged to pay freight
charged for carriage of the goods on the basis of the actual distance and costs
incurred from discharge of the goods.
Article 193. Automatic
termination of charter-party
1. The charter-party shall be
automatically terminated and contracting parties shall not be liable for
compensation for any loss or damage if, after the charter-party is concluded
and before the ship leaves the place of receipt, none of contracting parties is
considered at fault in the following cases:
a) The ship designated in the charter-party
is wrecked, sunken, missing or extorted;
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c) The ship designated in the
charter-party is deemed to be damaged beyond repair or the cost of repair would
be uneconomical.
2. Where the ship is underway at
sea and is faced with events defined in Clause 1 of this Article, the carrier
shall only be entitled to collect freight calculated on the basis of the actual
distance; if the ship is subject to any loss or damage but goods on board the
ship is saved or retrieved, the carrier shall be entitled to collect freight
charged for carriage of the goods calculated on the basis of the actual
distance at which such goods have been carried.
Article 194. Preservation of
goods upon termination of charter-party
When the contract is terminated
according to the provisions of this Section, the carrier remains bound to
preserve the goods till delivery of such goods to the authorized consignee,
except for the cases referred to in Point a and b Clause 1 Article 193 hereof.
Article 195. Statute of
limitation for submission of a claim regarding execution of voyage
charter-party
The statute of limitation for
submission of a claim regarding execution of the voyage charter-party is 02
years from the date on which the claimant is aware or must have been aware that
his interests are contravened.
Section 4. MULTIMODAL TRANSPORT
CONTRACT
Article 196. Multimodal
transport contract
1. Multimodal transport contract
refers to the contract entered into between the consignor and multimodal
transport dealer whereby the multimodal transport dealer undertakes to carry
goods to collect charge for rendering of the entire process of transportation
of goods from the place of receipt to the place of delivery to the consignee
via at least two modes of transport, including the transport by sea.
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3. Consignor refers to a person who
concludes by himself, or authorizes other person to conclude the multimodal
transport contract with the multimodal transport dealer.
4. Multimodal transport document
refers to evidence for the multimodal transport contract to certify that the
multimodal transport dealer receives and transports goods as well as undertakes
to deliver goods under contractual terms and conditions.
Article 197. Liabilities of the
multimodal transport dealer
1. Multimodal transport dealer
shall be held liable for goods under the multimodal transport contract from the
date of loading of goods to the date of discharge of goods.
2. The multimodal transport dealer
can sign separate contracts with specific carriers operating modes of transport
under which liabilities of each contracting party for each mode of
transportation must be specified. These separate contracts shall not cause any
impact on liabilities of the multimodal transport dealer for the whole process
of transportation.
Article 198. Limitation of
liabilities of multimodal transport dealer
1. Where goods carried by a single
mode of transport are lost or damaged during the whole process of
transportation, equivalent laws and regulations governing such mode of
transport in the multimodal transport process shall be applied to liabilities
and limitation of liabilities of the multimodal transport dealer.
2. Where determining which mode of
transport causes loss of or damage to the goods is impossible, the multimodal
transport dealer shall be liable for compensation in accordance with
regulations on relief from and limitation of liabilities of the carrier laid
down in Article 151 and 152 hereof.
Article 199. Provisions on
multimodal transport
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Chapter VIII
CONTRACT FOR CARRIAGE OF PASSENGERS AND BAGGAGE BY SEA
Article 200. Carriage of
passengers and baggage
1. Contract for carriage of
passengers and baggage by sea refers to the contract entered into between the
carrier and the passenger under which the carrier employs the ship to carry
this passenger and his baggage from the port of departure to the port of
arrival and collect remuneration for such carriage and freight for carriage of
baggage paid by that passenger.
2. Carrier refers to a person who
concludes by himself, or authorizes other person to conclude the contract for
carriage of passengers and baggage by sea with passengers.
3. Actual carrier refers to a
person entrusted by the carrier to perform the whole or a part of carriage of
passengers and baggage by sea.
4. Passenger refers to a person
carried on board the ship under the contract for carriage of passengers, or a
person permitted by the carrier to take his live animals or means of transport
on board the ship under the contract for carriage of goods.
5. Luggage refers to articles or
means of transport carried under the contract for carriage of passengers by
sea, except for the following cases:
a) Articles and means of transport
carried under the contract for carriage of goods;
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6. Hand baggage refers to baggage
that a passenger keeps inside their stateroom or is put under their own
supervision, preservation and control.
Article 201. Document on
carriage of passengers and baggage
1. Document on carriage of
passengers and baggage includes:
a) Ship pass or ticket refers to
evidence to show that a contract for carriage of passengers has been concluded;
b) Baggage claim form refers to
evidence to show that a passenger’s baggage has been consigned to the ship.
2. The carrier shall be entitled to
replace a ship pass by an equivalent document in the event that a passenger is
carried by a ship other than a dedicated passenger ship.
3. The carrier shall provide fare
exemption, reduction, priority and pass return policies and freight charged for
carriage of baggage.
Article 202. Rights and
obligations of passengers
1. A passenger shall be entitled to
rights and benefits associated with class-specific tickets and shall not be
liable for charge for carriage of hand baggage of which weight and category is
governed by regulations set out by the carrier.
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3. Agreements on limitation of a
passenger’s rights, or relief from or reduction of liabilities of the carrier
as referred to in this Chapter are all void and null.
Article 203. Carrier’s
obligations and rights
1. The carrier is obliged to
exercise due diligence to ensure the ship's seaworthiness including
requirements relating to crew members, necessary equipment and supplies which
must be satisfied from the start of voyage and through the entire transportation
process to the port of arrival.
2. The carrier is bound to
devotedly take care of and protect passengers and their baggage from the time
when passengers are received on board the ship to the time when passengers and
their baggage have left the ship at the port of arrival in a safe manner; pay
all expenses incurred from picking up, providing passengers with meals and
drinks as well as daily services in certain special case in which unexpected
events occur during the ship voyage.
3. The carrier is bound to buy
insurance in respect of his civil liability for passengers.
4. The carrier shall be vested with
the right to refuse to perform the contract of carriage without having to be
liable for any compensation on condition that one of the following events occurs:
a) Wars or other events may lead to
any threat of arrest of the ship;
b) The port of departure or arrival
is declared subject to blockade;
c) The ship is arrested or
temporarily detained under the decision of the competent authority through no
fault of contracting parties;
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dd) Departure of passengers from
the port of embarkation or arrival of passengers in the port of disembarkation
is subject to a prohibition order.
5. Where the carrier refuses to
perform the contract of carriage according to the provisions of Clause 4 of
this Article prior to departure, he is obliged to refund the ticket cost and
freight rate charged for carriage of baggage to passengers.
Where the ship has already been
departed, the carrier shall be bound to refund passengers a part of ticket cost
based on the ratio of such ticket cost to the travel distance which has not
been covered; concurrently, shall be obliged to carry passengers back to the
port of departure at his own expense or pay an equivalent sum of compensation
to passengers.
6. Where a passenger fails to get
on board the ship within the stipulated time, even though the ship enters into
a port during voyage, the carrier shall be entitled to refund the ticket cost
which has been paid.
7. The carrier shall be accorded
the right to delay the departure time, change the ship route, port of
embarkation or disembarkation in the event that sanitary and phytosanitary
conditions existing at the place of departure, arrival or along the
transportation route are not favorable, and any other situation arises beyond
his control. Contingent on the request of passengers, the carrier shall be
liable for costs incurred by carrying passengers back to the port of
embarkation or compensation paid passengers for actual reasonable loss.
8. Provisions set forth in Clause 7
of this Article shall not limit passengers’ rights to refuse to perform the
contract of carriage.
Article 204. Liability of
carrier and actual carrier in carriage of passengers
Liabilities of the carrier and
actual carrier in carriage of passengers by sea shall be governed under
regulations laid down in Article 173 hereof.
Article 205. Discharge of
carrier’s liabilities for arrest of passengers
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Article 206. Imposition of
actions on stowaways
1. Stowaway refers to the person
who has embarked onboard the ship when that ship stays at the port or the
location within the port boundary without consent from the carrier, ship master
or the responsible person and continues to stay on board the ship after the ship's
departure from the port or the location within the port boundary.
2. Stowaways shall be obliged to
pay a full amount of charge for the distance within which they have carried and
a sum of fine which is equal to such charge payable.
3. The ship master shall be vested
with authority to force such stowaways to disembark from the ship or get onto
another ship to return them to the port where they got on board the ship and
notify competent regulatory agencies of their name, age and nationality of
these stowaways, the place of their embarkation and their hiding place on board
the ship.
4. Where stowaways are allowed to
continue their trip, they must buy tickets and have rights and obligations
which are similar to these of other passengers.
Article 207. Carrier’s
liabilities for compensation for loss or damage
1. The carrier shall be charged
with liabilities for compensation for any loss or damage arising out of
passenger’s death, injury or other harm to health and lost or damaged baggage
in the event that incidents leading to such loss or damage during journey are
at the fault of the carrier, his servants or agents and occur within the scope
of his assigned duties.
Fault of the carrier, his servants
or agents is deemed obvious, except when they manage to prove that passenger's
death, injury or suffering from other harm to passenger’s health or loss of or
damage to their hand luggage is resulted from ship collision, wreck,
destruction, stranding, explosion, fire, any defect or latent defects.
Fault of the carrier, his servants
or agents is deemed obvious, except when they manage to prove that loss of or
damage to other kinds of baggage is not attributable to causes to produce such
loss or damage.
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2. The burden of proof of loss or
damage and amount of loss or damage resulted from ship collision, wreck,
destruction, grounding, explosion, fire or defects during journey shall lay on
the claimant.
Article 208. Process of carrying
passengers and baggage
1. The process of carrying
passengers by sea starts from the embarkation of these passengers on board the
ship and ends after the disembarkation of these passengers from the ship,
including carriage of passengers from the mainland to the ship and in opposite
direction on condition that the charge for such carriage has been included in
the ship fare.
2. The process of carrying
passenger’s hand baggage shall be subject to regulations similar to those laid
down in Clause 1 of this Article. The process of carrying baggage, except hand
baggage, starts from the time when the carrier, his servants or agents receive
such baggage at the port of passenger embarkation and ends after the delivery
of such baggage to passengers at the port of passenger disembarkation.
Article 209. Limitation of
liabilities of carrier of passengers and baggage
1. The liability of the carrier for
the circumstance of a passenger’s death, injury or other health-related damage
shall not exceed 46,666 units of account per a contract of passenger and
baggage carriage whereby total compensation amount is not allowed to exceed
25,000,000 units of account; in respect of circumstances under which the Court
has judged that payment of such compensation is made on a periodic basis, this
total compensation amount does not exceed limits referred to in this Clause.
2. The liability of the carrier for
loss of or damage to hand baggage is limited to an amount of 833 units of
account per a passenger under a contract for carriage of passenger and baggage.
3. The liability of the carrier for
loss of or damage to a shipping unit including all of baggage carried thereon
is limited to an amount of 3,333 units of account per a shipping unit under a
contract for carriage of passenger and baggage.
4. The liability of the carrier for
loss of or damage to baggage types other than those defined in Clause 2 and 3
of this Article is limited to an amount of 1,200 units of account per a
passenger under a contract for carriage of passenger and baggage.
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Article 210. Loss of benefit of
limitation of liabilities
1. The carrier is not entitled to
the right of the limitation of liability provided for in Article 209 hereof if
it is proved that the loss, damage is resulted from an act or omission of the
carrier done with the intent to cause such loss, damage, or recklessly and with
knowledge that such loss, damage would probably result.
2. Regulations set forth in Clause
1 of this Article shall be applied similarly to the carrier's servants or
agents.
Article 211. Loss of or damage
to precious articles or valuable property
The carrier shall be liable for
compensating for loss of or damage to precious articles, money, valuable
papers, art pieces and other valuable property provided that the passenger has
already notified the ship master or officer charged with taking care of baggage
of the nature and value thereof for safekeeping purposes.
Article 212. Baggage detention
1. The carrier shall be vested with
the right of detention of baggage of a passenger if that passenger has yet to
pay a full amount of debts to secure his legitimate benefits until such
passenger fulfills his debt obligations or provides sound and sufficient
security.
2. The carrier shall be vested with
the right to unload unclaimed baggage on to the shore, send them to be kept in
the safe and appropriate place and notify the passenger or his authorized
person of this. Every cost and fee incurred shall be covered by the passenger.
Article 213. Notification of
loss of or damage to baggage
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a) Notification of visible damage
to hand baggage must be sent before or during the disembarkation of passengers;
b) Notification of visible damage
to baggage other than hand baggage must be delivered before or right at the
time of delivery of baggage;
c) Notification of invisible loss
of or damage to baggage must be sent within the maximum period of 15 days from
the date on which passengers disembarked from the ship or baggage should have
been delivered to passengers.
2. Where a passenger fails to
comply with regulations laid down in Clause 1 of this Article, delivery and
receipt of such baggage that remains intact is deemed complete, unless
otherwise proved.
3. Passengers are not obliged to
send a written notification if, upon delivery and receipt of such baggage, the
carrier and passenger together conduct inspection or examination of such
baggage.
Article 214. Statute of
limitation for submission of a claim concerning carriage of passengers and
baggage
1. Statute of limitation for
submission of a claim for compensation for loss resulted from a passenger's
death, injury or suffering from other health-related damage and loss or damage
to baggage lasts for 02 years.
2. The statute of limitation for
submission of a claim referred to in Clause 1 of this Article is calculated by
the following manner:
a) In respect of a passenger's
injury, the statute of limitation for submission of a claim begins on the date
of passenger's disembarkation;
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Where a passenger’s injury
occurring during journey results in the death of this passenger after his
disembarkation from the ship, the statute of limitation for submission of a
claim begins on the date of this passenger's death and is restricted to 03
years from the date of his disembarkation from the ship;
c) Where loss of or damage to
baggage occurs, the statute of limitation for submission of a claim begins on
the date on which the passenger disembarks from the ship or should have left
the ship, whichever is later.
3. Notwithstanding the provisions
of Clause 1 of this Article on temporary suspension or stop of the statute of
limitation for submission of a claim for compensation, the statute of
limitation for submission of a claim is not allowed to exceed 03 years from the
date on which a passenger has left the ship or should have left the ship,
whichever is later.
Chapter IX
CHARTER-PARTY
Section 1. GENERAL PROVISIONS
Article 215. Charter-party
Charter-party is a contract entered
into between a shipowner and a charterer of the ship under which the shipowner
gives the right to use his ship to the charterer within a specified period to
fulfill specific agreed objectives and is paid freight by the charterer.
Article 216.
Form of a charter-party
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2. A charter-party must be in
writing.
Article 217. Re-letting of ship
1. If contractually agreed upon,
the charterer may re-let the ship out to the other third person but has to
remain obligatory to perform the charter-party with the owner.
2. Rights and obligations of the
shipowner provided for in this Chapter shall be applied similarly to the
re-letting party.
Article 218. Rules for application
of laws to charter-party
Provisions pertaining to the rights
and obligations of the shipowner and charterer set forth in this Chapter shall
only be applied unless otherwise agreed upon between the shipowner and
charterer.
Article 219. Statute of
limitation for submission of a claim as to charter-party
The statute of limitation for
submission of a claim as to matters arising out of the charter-party lasts for
02 years from the date of termination of this charter-party.
Section 2.
HIRING OF A SHIP FOR A SPECIFIED PERIOD OF TIME
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1. A time charter refers to a
contract for hiring of a ship whereby the shipowner provides a specific ship
along with crew members for the charterer.
2. A time charter is composed of
the following elements:
a) Name of the shipowner and
charterer;
b) Name, flag, grade of the ship;
weight, engine capacity, gross register tonnage, speed and fuel consumption;
c) Operating region, purpose of use
of the ship and the term of the charter-party;
d) Time, location of and conditions
for handover and return of the ship;
dd) Freight for hiring of the ship
and payment method;
e) Other related contents.
Article 221. Obligations of
shipowner agreed upon in time charter
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2. The shipowner shall properly man
the ship with crew members suitable for the agreed service under the
charter-party, pay salaries and wages to the crew members, and ensure their
other lawful rights and benefits throughout the charter period.
Article 222. Rights of time
charterer
1. The charterer shall be vested
with the complete right to use dedicated areas on board the ship to carry
goods, passengers and baggage.
2. The charterer shall not be
accorded the right to use other areas on board the ship to carry goods,
passengers and baggage, unless otherwise approved by the shipowner.
Article 223. Obligations of time
charterer
1. The charterer shall be obliged
to use the ship to serve the right purpose agreed upon in the charter-party and
must duly pay attention to exercise due care of benefits of the shipowner.
2. The charterer shall be obliged
to ensure the ship is only used for carrying goods, passengers and baggage in a
legitimate manner.
3. After the charter-party expires,
the charterer shall be obliged to return the ship to the shipowner at the right
place and time and ensure the technical conditions as agreed upon in the
charter-party, except for the ship's natural wear and tear.
Article 224. Relationship
between shipowner, charterer and crew members in time charter
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2. During the ship's operations,
the ship master shall act on behalf of the charterer and must carry out the
order obtained from the charterer as agreed upon in the time charter.
3. The shipowner shall be held
jointly responsible to the charterer for the ship master’s exercise of
authority referred to in Clause 2 of this Article, except when the ship master
has clearly undertaken that he acts on behalf of the charterer to exercise such
authority.
Article 225. Distribution of
remuneration paid for rescue service in time charter
Where the time-chartered ship
participates in rescue activities within the term of the time charter,
remuneration paid for rescue activities shall be evenly distributed among the
shipowner and charterer after costs relating to such rescue activities and
rewards to crew members for their rescue efforts have been deducted from such
remuneration.
Article 226. Exceeding term of
time charter of ship
On the basis of sound calculation,
if the ship's last journey exceeds the time when the ship must present itself
to the shipowner as agreed upon in the charter-party, the charterer shall be
entitled to continue use of the ship to complete that journey; the charterer
must pay demurrage for the extra time of use of the ship at the price specified
in the charter-party; if the market freight rate imposed on hiring of the ship
is higher than the freight agreed upon in the charter-party, the charterer must
pay freight for hiring of the ship equal to the current market price of
freight.
Article 227. Payment of freight
for time chartering of ship
1. The charterer shall be held
liable for freight for ship time chartering calculated from the date of possession
of the ship to the date of return of the ship to the shipowner.
2. The ship charterer shall not be
held responsible for paying freight for the time when the ship is not brought
into operation due to damage, lack of supplies of spare parts or ineligible
crew members. In this case, the charterer shall be entitled to a relief from
liability for costs incurred from maintenance of the ship.
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4. Where the chartered ship has
gone missing, freight paid for hiring of the ship shall be accrued till the
date on which the last message about that ship is received.
5. Where the charterer fails to pay
freight agreed upon in the charter-party, the shipowner shall be accorded
authority to detain goods, property on board the ship if such goods or property
are in the charterer’s possession.
Article 228. Termination of time
charter
1. The charterer shall be entitled
to terminate the charter-party and submit a claim for compensation for any
related loss or damage if the shipowner commits fault in performing obligations
referred to in Article 221 hereof.
2. Both contracting parties shall
be entitled to terminate the charter-party without having to pay any
compensation in the event that act of war, riots or application of coercive
measures of competent regulatory agencies to hindering execution of the charter-party,
which is unlikely to be terminated after a proper waiting time, occur.
3. The charter-party shall
automatically terminate if the ship is missing, wrecked, destroyed, deemed
beyond repair, or if the cost of repair is economically unreasonable.
Section 3.
BAREBOAT CHARTER
Article 229. Bareboat charter
1. A bareboat charter refers to a
charter-party under which the shipowner provides a specific ship to the
charterer without crew members.
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a) Name of the shipowner and
charterer;
b) Name, flag and grade of the
ship; weight and engine capacity of the ship;
c) Operating region, purpose of use
of the ship and the term of hiring of the ship;
d) Time, location of and conditions
for handover and return of the ship;
dd) Checking, maintenance and
repair of the ship;
e) Freight for hiring of the ship
and payment method;
g) Ship insurance;
h) Time of and conditions for
termination of the charter-party;
i) Other related contents.
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1. The shipowner must exercise due
diligence in performing his obligations to provide the seaworthy ship and
relevant documents for the charterer at the location and time agreed upon in
the charter-party.
2. During the term of bareboat
charter, the shipowner shall not be allowed to mortgage the contractual ship
without any written consent from the charterer; where the shipowner is in
contravention of this regulation, compensation for any loss or damage imposed
on the charterer must be awarded.
3. Where the ship is detained due
to any dispute involving the ownership or debts of the shipowner, the shipowner
must ensure that benefits of the charterer are not affected and compensate for
any loss or damage imposed on the charterer.
Article 231. Obligations of
bareboat charterer
1. The bareboat charterer shall be
obliged to take care of the ship and equipment installed onboard the ship
during the term of bareboat charter.
2. The bareboat charterer shall be
obliged to repair any damage to the ship during the term of bareboat charter
and must notify the shipowner of this. The shipowner shall be liable for
charges paid for repair service if damage arises outside the scope of liability
of the charterer.
3. During the term of bareboat
charter, the charterer shall be liable for fees for the ship insurance contract
of which value and manner have been agreed upon in the charter-party.
4. During the term of bareboat
charter, if any loss imposed on the ship charter results from the charterer’s
use and operation of the ship, the charterer shall be obliged to provide relief
or compensation for such loss.
Article 232. Obligations to
return ship, exceeding term of charter-party and termination of bareboat
charter
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Article 233.
Payment of freight for bareboat charter
The bareboat charterer shall pay
freight for bareboat charter as agreed upon in the bareboat charter. Where the
ship is subject to total loss or gone missing, payment of freight for hiring of
the ship shall be terminated from the date on which the ship is subject to
total loss or on which the last information about the ship is received. An
amount of pre-paid freight equivalent to the length of time when the ship has
not been used must be refunded.
Article 234. Ship hire-purchase
1. When the bareboat charter
includes terms and conditions concerning ship hire–purchase, the ownership of
the ship agreed upon in the bareboat charter shall be assigned to the
charterer.
2. The lesser who gives the ship
under a hire-purchase contract or a finance lease contract shall only keep the
copy of the Certificate for registration of that ship.
Chapter X
SHIP AGENT AND SHIPBROKING
Section 1. SHIP AGENT
Article 235. Ship agent
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Article 236.
Person acting as a ship agent
1. The person acting as a ship
agent is the person appointed by the entrusting person to act as his
representative to perform ship agent services entrusted by the entrusting
person at ports.
2. The person acting as a ship
agent may render ship agent services to the shipper, charterer or other persons
entering into a contract with the shipowner or operator if obtaining consent
from the shipowner or operator.
Article 237. Ship agent contract
A ship agent contract refers to a
contract signed in writing between the entrusting party and the ship agent
under which the entrusting party allows the ship agent to perform ship agent
services for specific voyage or within a specified period of time.
Article 238. Obligations of ship
agent
1. The ship agent shall be
responsible for performing necessary acts to take good care of legitimate
rights and benefits of the entrusting party; bound to comply with requirements
and instructions of the entrusting party; notify the entrusting party in a
timely manner of events relating to entrusted duties; accurately calculate
receipts and expenditure associated with entrusted duties.
2. The ship agent shall be responsible
to pay the entrusting party compensation for any loss or damage resulted from
his fault.
Article 239. Liabilities of
entrusting party
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2. Where the ship agent performs
acts beyond the scope of fiduciary duties, the entrusting party shall remain
responsible for these activities to the extent that the entrusting party with
his knowledge of this issue has not notified persons involved of his refusal to
recognize these acts of the ship agent.
Article 240.
Charge rate imposed on ship agent services
The charge rate imposed on ship agent
services shall be negotiated by contracting parties except to the extent
stipulated by laws.
Article 241. Statute of
limitation for submission of a claim regarding execution of ship agent contract
The statute of limitation for
submission of a claim regarding execution of ship agent contract lasts for 02
years from the date on which any dispute arises.
Article 242.
Conditions for trade in ship agent services
1. In order to
engage in trade in ship agent services in Vietnam, enterprises must be
established in accordance with laws; with regard to a foreign-invested
enterprise, a capital contribution portion must be assured in accordance with
laws.
2. These
enterprises must assign full-time personnel to operate ship agent services and
full-time personnel to undertake legislative activities.
3. Staff members
of a ship agent must have Vietnamese nationality and hold certificates in ship
agent profession.
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Article 243.
Ship agent in respect of public duty ship, fishing ship, submarine,
submersible, floating warehouse, mobile offshore unit and hydroplane and
foreign military vessel entering into territory of Vietnam
Provisions relating to ship agent
referred to in this Section shall be applied to public duty ship, fishing ship,
submarine, submersible, floating warehouse, mobile offshore unit and hydroplane
and foreign military vessel entering into the territory of Vietnam.
Section
2. SHIPBROKING
Article 244.
Shipbroking and ship broker
1. Shipbroking
refers to a kind of service providing an intermediary between parties involved
in transaction, negotiation and conclusion of the contract for carriage,
maritime insurance contract, charter-party, contract for purchase and sale of a
ship, contract for towing a ship, contract for hiring of seafarers and other
contract pertaining to maritime operations under a shipbroking contract.
2. A ship broker
refers to a person rendering shipbroking services.
Article 245. Rights and
obligations of a ship broker
1. Have the right to provide
services to contracting parties on condition that he is required to notify all
contracting parties of this and is obliged to exercise due care of legitimate
rights and benefits of parties involved.
2. Have the right to be paid agreed-upon
commission for his rendering of broking services. The broker and the broker’s
customer shall enter into a negotiation on brokerage; unless previously agreed
upon, local rules shall prevail in determination of brokerage.
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4. Bear responsibility for the
legal status of parties provided with ship broking services during the ship
broking duration.
5. Liabilities of a ship broker
shall be discharged to the extent that contract between parties provided with
ship broking services is concluded, unless otherwise agreed upon.
Article 246. Statute of
limitation for submission of a claim regarding execution of a ship broking
contract
The statute of limitation for
submission of a claim regarding execution of a ship broking contract lasts for
02 years from the date on which any dispute arises.
Chapter XI
MARITIME PILOTAGE
Article 247. Provisions on use
of maritime pilotage in Vietnam
1. Use of maritime pilotage in
Vietnam is aimed at ensuring the maritime safety and security and environmental
pollution prevention; playing a significant role in protecting sovereignty and
exercising sovereignty right and jurisdiction of the Socialist Republic of
Vietnam.
2. Vietnamese and overseas ships
must use Vietnamese maritime pilots for maneuvering these ships and pay charges
for pilotage services when operating within a Vietnamese region where maritime
pilotage is required.
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a) The region where maritime
pilotage is optional;
b) Vietnamese-flagged ships
carrying below 1,000 GT of passengers, oil, liquefied gas, chemicals in bulk;
other kinds of Vietnamese-flagged ship that has less than 2,000 GT in weight;
c) Overseas ship that has less than
100 GT in weight;
d) Any ship of which the master is
a Vietnamese national who has achieved the certificate in pilotage service,
certificate of maritime pilotage operating zone conformable to specific types
of ships and regulatory pilotage operating zone in which active ships are
permitted to be navigated by itself.
4. The master of any ship referred
to in Clause 3 of this Article may require pilots to navigate such ship
whenever necessary.
Article 248. Maritime pilotage
organization
A maritime pilotage organization
refers to an enterprise that provides the service of navigating ships to enter
or leave ports and operates within the regulatory maritime pilotage zone of
Vietnam.
Article 249. Legal status of
maritime pilot
1. Maritime pilot is a consultant
to the master in navigation of a ship to meet maritime conditions that exist at
the ship piloting zone where a maritime pilot is operating. Use of maritime
pilotage shall not discharge the master’s liability to command the ship.
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3. The master shall be accorded the
right to choose any maritime pilot or decide to cease operations of any
maritime pilot and request a replacement pilot.
Article 250. Eligibility
requirements for practicing of maritime pilotage
1. Be a Vietnamese citizen.
2. Meet required health standards.
3. Hold the certificate in maritime
pilotage profession.
4. Only allow navigation of a ship
within the maritime pilotage operating zone which is conformable to the issued
certificate of maritime pilotage zone.
5. Be put under the management of a
maritime pilotage organization.
Article 251. Rights and
obligations of a maritime pilot during process of ship navigation
1. A maritime pilot shall be vested
with the right to refuse to navigate any ship, and simultaneously notify the
port authority and maritime pilotage organization in a timely manner to the
extent that the master intentionally fails to follow his proper instructions or
warnings.
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3. A maritime pilot shall be
obliged to notify the port authority of ship navigation performance and any
dangerous change to maritime operations that he has discovered during the ship
navigation process.
4. A maritime pilot must exercise
due diligence in fulfilling his obligations. A maritime pilot’s ship navigation
shall be terminated after the ship anchors, arrives at the wharf and enters the
agreed safe place or in the presence of a replacement pilot. A maritime pilot
shall not be permitted to leave a ship without the ship master’s consent.
Article 252. Obligations of ship
master and owner during use of maritime pilotage
1. The ship master shall be obliged
to accurately inform a maritime pilot of particular functions and
characteristics of the ship; ensure safety for a maritime pilot when he getting
onto and off the ship; provide a maritime pilot with equipment used for work
and human daily activities during the time when that maritime pilot stays on
board the ship.
2. In the case of any loss resulted
from a maritime pilot's fault for navigating a ship, the shipowner shall be
held liable for compensation for such loss in the same manner as any loss
resulted from a seafarer's fault.
3. Where a maritime pilot is
prevented from leaving the ship upon completion of his duties for reasons of
safety assurance, the ship master must enter into the nearest port for the
purpose of maritime pilot disembarkation. The shipowner or operator shall be
charged with liability to return a maritime pilot to the place of pilot
embarkation and pay any relevant cost.
Article 253. Liabilities of a
maritime pilot for any loss resulted from ship navigation fault
A maritime pilot shall be charged
with administrative and criminal liabilities in accordance with laws and
relieved of civil liabilities only if any loss is resulted from this maritime
pilot's fault in ship navigation.
Article 254.
Detailed provisions on maritime pilotage
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Article 255. Pilotage for public
duty ship, fishing ship, inland watercraft, submarine, submersible, floating
warehouse, mobile offshore unit and hydroplane and foreign military vessel
Provisions of this Chapter shall be
applied to public duty ship, fishing ship, submarine, submersible, floating
warehouse, mobile offshore unit and hydroplane and foreign military vessel
entering into the territory of Vietnam.
Chapter XII
SHIP TOWAGE
Article 256. Ship towage
1. Ship towage refers to tugging,
towing, hauling, pushing or sailing alongside the ship and other floating
equipment on the sea and within a port water area by a towboat.
2. Ship towage includes sea and
assistance towage within a port water area.
Article
257. Requirements for trade in ship towage services
1. In order to engage in trade in
ship towage services in Vietnam, enterprises must be established in accordance
with laws; with regard to a foreign-invested enterprise, a capital contribution
portion must be assured in accordance with laws.
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3. They must have
the number of towboats in conformity with regulations. Towboats must be
Vietnamese-flagged ships.
4. The Government
shall provide detailed provisions on this Article and towage carried out in
Vietnam is not covered by provisions laid down in Clause 1 of this Article.
Article 258.
Ship towage contract
1. Ship towage contract refers to
the contract signed in writing between the owner and lessee of towboat except
to the extent that the assistance towage takes place within a port water area.
2. The charge for ship towage
services shall be negotiated by contracting parties except to the extent
stipulated by laws.
Article 259. Right to command
ship towage
1. Towboats and ships or other
towed units constitute a towing fleet. The towing fleet is created from the
time when a towboat and other members of the towing fleet are ready to perform
necessary duties under orders from the commander of such towing fleet, and is
dissolved when the last duty has been fulfilled or when members of the towing
fleet has kept a safe distance between them.
2. Parties entering into a ship
towage contract shall negotiate for appointment of the commander of a towing
fleet. If there is no agreement on this, local conventions shall prevail.
3. The right to command an
assistance towage taking place within a port water area shall be granted to the
master of the towed ship. In the absence of the master or chief officer, such
right shall be granted to the person designated by the Director of a port
authority.
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1. The owner of a towboat shall be
bound to present his towboat at the right place and time and ensure technical
conditions agreed upon in the ship towage contract.
2. The towage lessee shall be
obliged to allow for sufficient conditions for assurance of safety for his ship
as agreed upon in the ship towage contract.
Article 261. Liability to
compensate for any loss relating to ship towage
1. The owner of the ship of which
the master is accorded the right to command a towing fleet shall bear liability
for any loss or damage imposed on the ship, people and property onboard the ship
of other members of the towing fleet unless it is proved that such loss or
damage arises outside of their scope of liability.
2. Ships put under the command of
the ship master of other ship shall not be relieved or reduced from liabilities
to take into consideration the general safety for the towing fleet; the
shipowner shall be held liable for any loss or damage imposed on the ship,
people and property on board ships of other members to the extent that the
fault resulting in such loss or damage is on the part of his ship.
3. In the course of execution of a
ship towage contract, if any loss or damage is imposed on a third party,
contracting parties shall be liable for any compensation to the extent of each
party’s fault.
Article 262. Statute of
limitation for submission of a claim for execution of a ship towage contract
The statute of limitation for
submission of a claim regarding execution of a ship towage contract lasts for
02 years from the date on which any dispute arises.
Article 263. Towage of military
vessel, public duty ship, fishing ship, inland watercraft, submarine,
submersible, floating warehouse, mobile offshore unit, floating dock and
hydroplane
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Chapter XIII
MARITIME RESCUE
Article 264. Maritime rescue
1. Maritime rescue refers to any
act of saving ships or property of the ship from dangers or any act of
providing relief to ships in distress at sea, within a port water area which is
performed under a maritime rescue contract.
2. A maritime rescue contract
refers to the contract signed between the rescuing and rescued party to perform
rescue operations. The master of the ship in distress shall be allowed to act
on behalf of the shipowner to enter into a maritime rescue contract. The master
or owner of the ship in distress shall be permitted to act on behalf of owners
of property on board a ship to sign such rescue contract.
3. The maritime rescue contract
shall be concluded in the form agreed between parties.
4. Parties to a maritime rescue
contract shall be entitled to request any cancellation or change of unsound
contractual agreements to the extent that these agreements are concluded in an
emergency state and impacted by such state or it is proved that any fraudulent
or abusing act is committed upon effecting thereof or an amount of remuneration
paid for rescue activities is either much less or greater than the amount that
a party is actually provided.
Article 265. Obligations of
salvor, shipowner and master
1. In the course of rescue
activities taking place, the salvor shall take on the following obligations:
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b) Apply proper measures to prevent
or reduce any environmental harm;
c) Request other salvor’s
assistance whenever necessary;
d) Agree to rescue operations
performed by other salvors upon the reasonable request of the owner, master of
the ship or the owner of property in distress. In this circumstance, an amount
of remuneration paid for the first salvor shall not be affected if rescue
services provided by other salvors are deemed unreasonable.
2. The owner, master of the ship or
the owner of property in distress shall assume the following obligations:
a) Cooperate with salvors during
the rescue process;
b) Exercise due diligence in taking
measures to prevent or reduce any environmental harm during the rescue process;
c) When the rescued ship or other
property is carried to a safe place, he is bound to give such ship or property
to the salvor upon receipt of a proper request.
Article 266. Entitlement to
remuneration paid for rescue operations
1. Every maritime rescue that
produces beneficial outcomes shall be qualified for a reasonable amount of
remuneration.
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3. Rescue remuneration shall be
paid for whether the salvor performs direct or indirect acts to protect the
rescued party’s benefit concerning freight rate imposed on carriage of goods,
passengers or baggage; for rescue of ships owned by the same person.
4. Any rescue activity inconsistent
with clear and sound designation of the master of the rescued ship shall not be
qualified for rescue remuneration.
Article 267. Rules of
determination of rescue remuneration
1. Rescue remuneration is agreed
upon in the rescue contract on condition that it is reasonable and does not
exceed value of the rescued ship or property.
2. In the event that rescue
remuneration is not either agreed upon in the contract or reasonable, rescue remuneration
shall be determined by the following elements:
a) Value of the rescued ship or
property;
b) Skills and efforts of the salvor
in prevention or mitigation of loss or damage resulted from environmental
pollution;
c) The rescue party’s effectiveness
of rescue operation;
d) Dangerous nature and level of an
accident;
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e) The salvor’s time, related cost
and loss or damage;
g) Liability-related risks and
other risks to the salvor or equipment;
h) Timeliness of rescue operations
performed by the salvor;
i) Readiness and capacity of the
ship and other equipment used for rescue purposes;
k) Readiness, effectiveness and
value of rescue equipment.
3. Rescue remuneration may be
reduced or not recognized to the extent that the emergency situation in which
rescue activities are required is created by the salvor, or the salvor commits
theft or fraud offences during execution of the rescue contract.
Article 268. Special rescue
remuneration
1. Where the salvor’s rescue
operations related to the ship or goods carried on board the ship may pose a
risk of causing any environmental harm and he has not been paid an amount of
remuneration stipulated in Clause 1 and 2 Article 267 hereof, the salvor shall
be entitled to a special amount of remuneration paid by the shipowner.
2. A special amount of remuneration
stipulated in Clause 1 of this Article paid by the shipowner to the salvor is
not allowed to exceed 30% of the cost incurred of the salvor. In the event that
a claim arises from such amount, and it is proved that such claim is
reasonable, and subject to provisions of Clause 2 of Article 267 hereof, the
Court or Arbitration may decide to increase a special amount of remuneration to
the extent that it does not exceed 100% of the cost incurred of the salvor.
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4. In every circumstance, a full amount
of special rescue remuneration provided for in this Article is paid only to the
extent that that amount is greater than the amount of rescue remuneration to
which the salvor may be accorded entitlement in accordance with provisions of
Article 267 hereof, and is the differential between the special rescue
remuneration and the rescue remuneration.
5. Where any loss resulted from
environmental pollution is not prevented or mitigated due to neglect of the
salvor, that salvor may lose a part or whole of entitlement to such special
rescue remuneration.
6. Provisions laid down in this
Article shall not cause any impact on the right of claim made by the shipowner
for rescued parties’ payment of such amount.
Article 269. Rules of
determination of value of the rescued ship or property
Value of the rescued ship or
property is the actual value determined at the place where the rescued ship or
property is stored, or the sum earned from sale or evaluation of such property
from which the cost of delivery, preservation and auctioning of such property
and other related costs are deducted.
Article 270. Life-saving rewards
included as rescue remuneration
1. Persons whose lives are saved
shall not be bound to pay any sum to persons who have saved their lives.
2. Life-saving persons shall be
entitled to a proper sum of reward included as the rescue remuneration or the
special rescue remuneration to the extent that such life-saving act relates to
the same accident that results in rescue of property.
Article 271. Rescue rewards in
other cases
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Article 272. Distribution of
rescue remuneration
1. Rescue remuneration shall be
evenly distributed between the shipowner and crew members of the rescue ship
from which costs or loss imposed on the ship, and costs or loss imposed on crew
members in relation to rescue operations are deducted.
This rule shall not apply to
dedicated rescue ships.
2. Where multiple ships participate
in a rescue operation, distribution of rescue remuneration shall be consistent
with provisions set forth in Clause 2 Article 267 hereof.
3. The Minister of Transport of
Vietnam shall provide detailed regulations on the method of distribution of
rescue remuneration between Vietnamese crew members.
Article 273. Right of detention
of rescued ship or property
1. The rescued ship or property may
be detained to secure payment of rescue remuneration and other costs associated
with evaluation and auctioning thereof.
2. The salvor shall not be accorded
the right of detention of the rescued ship or property to the extent that he
has been provided with sufficient security by the shipowner or owners of such
property, including profits and related costs, in consistence with conditions
for making a claim for payment of rescue remuneration.
Article 274. Statute of
limitation for submission of a claim regarding execution of a maritime rescue
contract
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Article 275. Maritime rescue of
military vessel, public duty ship, fishing ship, inland watercraft, submarine,
submersible, hydroplane, floating dock, floating warehouse and mobile offshore
unit
Provisions of this Chapter shall be
applied to military vessel, public duty ship, fishing ship, inland watercraft,
submarine, submersible, hydroplane, floating dock, floating warehouse and
mobile offshore unit.
Chapter XIV
SALVAGE OF SHIPWRECKED PROPERTY
Article 276. Shipwrecked
property
1. Shipwrecked property refers to
any ship, goods or other objects which are wrecked or adrift within the port
water area and sea of Vietnam or run aground on the coast of Vietnam.
2. Shipwrecked dangerous property
refers to any shipwrecked property that may hinder or pose dangers to maritime
operations, or threaten human lives and health, or have impacts on natural
resources and cause environmental pollution.
Article 277. Obligations of
owner of shipwrecked property
1. The owner of shipwrecked
property shall be obliged to salvage such property and cover all costs relating
to salvage activities, except the circumstances provided for by Clause 2 of
this Article. Where the owner of shipwrecked property fails to conduct salvage
activities or performs any salvage in breach of the required time limit, the
competent authority defined in Article 284 hereof shall grant the decision on
salvage of such property.
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3. Where the shipwrecked property
causes environmental pollution, the owner of the shipwrecked property is
required to apply measures to prevent and limit any loss that may arise and
compensate for any loss resulted from environmental pollution in accordance
with laws.
Article 278. Time limit for
notification and salvage of shipwrecked property
Notwithstanding provisions laid
down in Article 279 hereof, the time limit for notification and salvage of
shipwrecked property shall be provided for as follows:
1. Within a period of 30 days from
the date on which property is shipwrecked, the owner of that shipwrecked
property must notify competent authorities referred to in Article 284 hereof of
salvage and proposed deadline for completion of such salvage;
2. Within a period of 30 days of
receipt of the aforesaid notification, in reliance on actual conditions, the
competent authorities referred to in Article 284 hereof shall decide the
proposed deadline for completion of such salvage or provide detailed provisions
on the deadline in which the owner of that shipwrecked property has to complete
his salvage operation.
Article 279. Salvage of
shipwrecked property
1. The owner of dangerous
shipwrecked property shall be obliged to promptly notify the Director of the
nearest port authority of any accident occurring and carry out salvage of such
property within the time limit set out by the Government. Where the owner of
such property fails to salvage or is incapable of assuring that such salvage
meets the time limit, the competent authority shall be charged with carrying
out salvage operations and decide the deadline for that owner's payment of
related costs.
The owner of that property is bound
to compensate for any related loss or damage and shall be subject to any
punitive action in accordance with laws even though his title to such
shipwrecked property has been lost as prescribed in Clause 1 Article 281
hereof.
2. For the period of 30 days of
receipt of notification of complete salvage of his property, unless the owner
of such property claims that property or pays related costs by the stipulated
deadline, the competent authority shall make a decision on auctioning of such
property. Where dangerous shipwrecked property are perishable types of property
or costs of preservation of such property is greater than value of such
property, the competent authority shall make a decision on auctioning of such
property immediately after completion of salvage. Conduct of auctioning of that
shipwrecked property shall be consistent with laws and regulations.
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4. Where the sum generated from
auctioning of the shipwrecked property under the provisions of Clause 3 of this
Article is not adequate to make up for costs, the owner of that property is
bound to pay the sum owed within the deadline defined by the authority making a
decision on salvage of such property; in the event that the owner is not able
to make such payment or the owner of such property is unidentifiable, that sum
owed shall be covered by the state budget.
Article 280. Privilege for
salvage of shipwrecked property
Vietnamese organizations or
individuals shall be accorded privilege over effecting of the contract for
salvage of shipwrecked property within internal waters and territorial waters
of Vietnam.
Article 281. Loss of ownership
of shipwrecked property
1. The owner of shipwrecked
property shall be deprived from ownership of such property if notification of
salvage is not issued or salvage of such property fails to meet the deadline
defined in Article 278 and 279 hereof. In this case, such shipwrecked property
shall automatically become the state-owned property.
2. In the circumstances referred to
in Clause 1 of this Article, the competent authority provided for in Article
284 hereof shall make a decision to deal with the shipwrecked property.
3. The owner of dangerous
shipwrecked property who is deprived from the ownership of such property in
accordance with Clause 1 of this Article shall remain liable for compensation
for any loss and sanctioned in accordance with laws and regulations.
Article 282. Treatment of
randomly salvaged property
1. Where randomly salvaging
shipwrecked property within the internal waters and territorial waters of
Vietnam, or when moving such randomly salvaged property to the internal waters
and territorial waters of Vietnam, the salvor must promptly notify the
competent authority referred to in Article 284 hereof of the time, location and
other related events; protect such property until it is delivered to the owner
or the competent authority and then notify the competent authority of this
whenever possible.
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3. For the period of 15 days of
receipt of notification, unless the owner of such property claims that property
or fails to pay debts, the salvor shall be obliged to give such property to the
competent authority provided for by Article 284 hereof.
4. For the period of 60 days after
the date of notification, unless the owner of such property referred to in
Clause 3 of this Article take any action to protect his interests, competent
authorities referred to in Article 284 hereof shall be accorded the right to
deal with such property provided for by Clause 2 and 3 Article 279 hereof.
5. To the extent of the
circumstance stipulated in Clause 1 of this Article, the salvor shall be
entitled to the remuneration for raising the ship and reimbursed for other
relevant costs according to the similar rules applied to maritime rescue
remuneration.
6. Where it is unlikely to
determine the owner of shipwrecked property, prevailing laws shall be applied
to treatment of such property.
Article 283. Treatment of
property which is adrift at sea or runs aground on coast
1. Treatment of property which is
adrift at sea and runs aground on the coast shall be consistent with provisions
laid down in Clause 1, 2, 3, 4 and 6 Article 282 hereof.
2. The person who has found out,
salvaged or participated in salvage of other person's property which is adrift
at sea shall be entitled to remuneration according to the similar rules applied
to maritime rescue remuneration after notifying the owner of such property of
his request at the time which is not later than the date of delivery of such
property.
3. The person who has found out and
preserved property running aground on the coast shall be entitled to a sum of
reward and reimbursement for his preservation efforts which is limited to 30%
of market price of such property after notifying the owner of such property of
his request at the time which is not later than the date of delivery of such
property.
Article 284. Authority to treat
shipwrecked property
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2. The Ministry of Culture, Sports
and Tourism of Vietnam shall take charge of conducting treatment of shipwrecked
property considered as cultural relics.
3. The Ministry of National Defense
of Vietnam shall take charge of treating shipwrecked property relating to
national defense and those that have been discovered in military zones.
4. The Ministry of Public Security
of Vietnam shall take charge of treating shipwrecked property relating to
national security.
5. The People’s Committees of
provinces shall take charge of treating shipwrecked property other than those
referred to in Clause 1, 2, 3 and 4 of this Article.
6. The Government shall provide
detailed regulations on treatment of shipwrecked property.
Chapter XV
SHIP COLLISION
Article 285. Ship collision
Ship collision refers to an
accident that occurs when two ships, a ship and inland watercraft, a ship and
hydroplane or other units collide with each other at sea or within a port water
area.
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1. In the case of a collision, the
master of the ship involved in such collision shall be obliged to arrange
rescue of people, ship and property of the other ship to the extent that such
rescue activities do not pose any serious danger to people, ship and property
on board his ship.
2. Promptly after a collision takes
place, masters of the ship involved in that collision shall be obliged to
exchange information about ship name, call sign, place of registration and last
port of departure and intended port of arrival.
3. The shipowner shall be exempted
from liability for the ship master’s failure to fulfill obligations referred to
in Clause 1 and 2 of this Article.
Article 287. Rules for
determination of fault and compensation for any loss arising out of a collision
1. The ship at fault in a collision
refers to the ship that causes a collision due to an act or omission in
equipment, navigation and management of the ship; in compliance with
regulations for preventing collisions at sea and maritime safety regulations;
to the neglect of necessary professional practices.
2. The ship at fault in a collision
must compensate for any loss regarding the ship, people and property involved
in such collision. Where the fault in a collision is on the part of two or more
ships, burdens of compensation shall be distributed to the extent of each
party's fault; if the extent of fault is even or the extent of fault on the
part of each party is not determined, burdens of compensation shall be evenly
distributed to all of parties.
3. Where fault has yet to be
determined in a definite manner, ships involved shall not be deemed at fault
for such collision.
4. In the case of compensation for
any loss of human lives, injury or other health-related damage, ships at fault
shall be jointly liable. The ship that has provided compensation beyond her
liability shall be allowed to request other ships involved in such collision to
reimburse her for that excessive amount of reimbursement.
5. A military vessel shall be
relieved from liability for compensation if it is proved that a collision is
caused by its fault when on duty within the announced zone where military
practice takes place and maritime operations are prohibited. Notwithstanding
this provision, the ship master shall remain to fulfill obligations referred to
in Clause 1 and 2 Article 286 hereof whenever acceptable conditions are
present.
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Article 288. Ship collision
caused by acts of God, fortuitous events and unidentifiable fault
Where a collision is caused by acts
of god, fortuitous events or when it is impossible to define which ship is at
fault for such collision, each ship shall be liable for its own loss,
irrespective of the circumstance under which a collision takes place while the
ship is being anchored, fastened or is coming to touch the side of another
ship.
Article 289. Indirect ship
collision
Provisions of this Chapter shall be
applied to the circumstance under which a ship commits the fault for any loss
or damage imposed on another ship, people and property on board arising from an
indirect collision.
Article 290. Statute of
limitation for submission of a claim regarding ship collision
1. The statute of limitation for
submission of a claim regarding ship collision lasts for 02 years from the date
on which such collision takes place.
2. The statute of limitation for
submission of a claim on reimbursement for an excessive sum referred to in
Clause 4 Article 287 hereof lasts for 01 year from the date of payment of
compensation.
Article 291. Collision in
respect of military vessel, public duty ship, fishing ship, inland watercraft,
submarine, submersible, hydroplane, floating dock, floating warehouse and
mobile offshore unit
Provisions of this Chapter shall be
applied to military vessel, public duty ship, fishing ship, inland watercraft,
submarine, submersible, hydroplane, floating dock, floating warehouse and
mobile offshore unit.
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GENERAL AVERAGE
Article 292. General average
1. General average refers to
extraordinary sacrifice or expenditure intentionally and reasonably made for
the common safety for the purpose of preserving the ship, cargo, luggage, and freight
involved in a common maritime adventure from a common peril.
2. Only loss or damage and
expenditure directly consequential on a general average act shall be included
in a general average loss.
3. Every loss, damage and
expenditure incurred with respect to damage to the environment or consequential
to escape or release of pollutant substances from the property on board the
ship in the common adventure at sea shall be excluded from a general average
loss in any case.
4. Demurrage charged for late delivery
of goods and any loss or damage or expenses payable on delay incurred whether
in or after a sea adventure and any other indirect loss shall be excluded from
a general average loss.
5. Special expenditure in excess of
the acceptable amount shall be included in a general average loss within a
proper limit applied to specific circumstances.
Article 293. Distribution of
general average losses
1. General average is
proportionally distributed based upon the value of a portion of loss in a
general average act and the saved value at the time and place of the ship's end
of adventure immediately after such general average occurs.
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3. Distribution of general average
losses shall not exclude the right of persons involved to claim for
compensation of the person at fault.
4. Rules for determination of
specific loss value and value of distributed general average losses shall be
contractually agreed upon between parties. In the absence of such agreement,
the person who distributes general average losses shall be subject to provisions
of this Chapter and international practices to handle this issue.
Article 294. Distribution of
general average losses in respect of undeclared goods loaded onto the ship
Loss of an undeclared good loaded
onto the ship or a good of which the nature and value is wrongfully declared
shall be excluded from a general average loss; where such good is saved from a
common peril, it shall be subject to a pro-rata distribution value.
Article 295. Particular average
Any loss imposed on the ship,
goods, luggage, freight rate and passengers which is excluded from a general
average according to the rules provided for in Article 292 hereof shall be
called particular average. The person who suffers a loss shall not be entitled
to compensation unless he proves that such loss arises through the fault of
other persons.
Article 296. Declaration of a
general average loss and appointment of a person in charge of distributing
general average losses
1. Determination of a general
average loss, loss value and distribution of a general average loss shall be
assigned to the person in charge of distribution of general average losses by
the shipowner.
2. The shipowner shall be the only
person vested with the right to declare a general average loss and assign his
person to take charge of distributing general average losses within a maximum
period of 30 days from the date of declaration of such general average loss.
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The statute of limitation for submission
of a claim regarding general average lasts for 02 years from the date on which
a general average arises. The time of distribution of general average losses
shall be excluded from the statute of limitation for submission of a claim
regarding general average.
Chapter XVII
LIMITATION OF LIABILITY FOR MARITIME CLAIMS
Article 298. Person accorded the
benefit of limitation of civil liability
1. Shipowners shall be entitled to
limit their civil liability for maritime claims set out in Article 299 hereof.
2. Rules applied to the benefit of
limitation of civil liability accorded salvors, ship operators, charterers or
managers shall so apply to shipowners to the extent that these shipowners or
persons assume responsibility for their acts, neglect or defaults.
3. Where the assured is accorded
the benefit of limitation of liability for maritime claims, the insurer charged
with liability for these maritime claims shall also be entitled to the benefit
to the same extent as the assured himself.
4. The
act of invoking limitation of liability performed by the person entitled to
limit liability shall not constitute his admission of liability.
5. The person entitled to limit
liability in accordance with this Chapter shall lose the benefit of limitation
of liability to the extent that it is proved that a loss is sequential on that
person's fault resulting in such loss.
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1. Claims
in respect of loss of life or personal injury or other impairment of
health; loss of or damage to property, including damage to harbour works,
basins, waterways and aids to navigation, occurring on board or in direct
connection with the operation of the ship or salvage operations, and
consequential loss resulting therefrom.
2. Claims
in respect of loss resulting from delay in the carriage by sea of cargo,
passengers or their luggage.
3. Claims
in respect of other loss resulting from infringement of rights other than
contractual rights, occurring in direct connection with the operation of the ship or salvage operations.
4. Claims
in respect of the raising, removal, destruction or the rendering harmless of a
ship which is sunk, wrecked or abandoned, including anything that is or has
been on board such ship.
5. Claims
in respect of the removal, destruction or the rendering harmless of the cargo
carried by the ship.
6. Claims
of a person other than the person liable in respect of measures taken in order
to avert or minimize loss for which the person liable may limit his liability,
and further loss caused by such measures.
Article 300. Claims excepted
from limitation of liability
1. Claims
for salvage or contribution in general average.
2. Claims
for oil pollution damage.
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4. Claims
by servants of the shipowner or salvor whose duties are connected with the ship
or the salvage operations; claims of their heirs, dependants or other persons
entitled to make such claims, if under the law governing the contract of
service between the shipowner or salvor and such servants the shipowner or
salvor is not entitled to limit his liability in respect of such claims, or if
he is by such law only permitted to limit his liability to an amount greater
than that provided for in Article 301 hereof.
Article 301. Limits of liability
1. Limits of liability for claims in respect of loss of life or personal injury or other
health-related damage to passengers on board the ship; loss of or damage to
property carried by sea shall be consistent with provisions of Article 209
hereof.
2. Limits of liability for other
claims in respect of loss of life or personal injury or other health-related
damage to persons other than passengers shall be provided for as follows:
a) 167,000 units of account for a
ship with a tonnage of 300 GT;
b) 333,000 units of account for a
ship with a tonnage ranging from 300 GT to 500 GT;
c) In respect of a ship with a
tonnage in excess thereof, the following amount in addition to that mentioned
in Point b of this Clause: for each ton from 501 to 3,000 GT, 500 Units of
Account; for each ton from 3,001 to 30,000 GT, 333 Units of Account; for each
ton from 30,001 to 70,000 GT, 250 Units of Account; for each ton in excess of
70,000 GT, 167 Units of Account.
3. Limits of liability for other
claims in respect of other claims shall be provided for as follows:
a) 83,000 units of account for a
ship with a maximum tonnage of 300 GT;
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c) In respect of a ship with a
tonnage in excess thereof, the following amount in addition to that mentioned
in Point b of this Clause: for each ton from 501 to 30,000 GT, 167 Units of
Account; for each ton from 30,001 to 70,000 GT, 125 Units of Account; for each
ton in excess of 70,001 GT, 83 Units of Account.
4. Where the amount calculated in
accordance with Clause 2 is insufficient to pay the claims mentioned therein in
full, the amount calculated in accordance with Clause 3 of this Article shall
be available for payment of the unpaid balance of claims under Clause 2 of this
Article and such unpaid balance shall rank ratably with claims mentioned under
Clause 2 of this Article.
5. Claims referred to in Clause 3
of this Article in respect of damage to harbour works, basins and navigational
channels and aids to navigation shall have such priority over other claims.
6. The limits of liability for any
salvor not operating from any ship or for any salvor operating solely on the
ship to, or in respect of which he is rendering salvage services, shall be
calculated according to a tonnage of 1,500 GT.
7. Limits of liability defined in
this Article shall be applied to total value of claims arising on a distinct
occasion.
8. Limits of liability referred to
in this Article shall be converted into Vietnamese dong according to the
exchange rate announced by the State Bank on the payment date.
Article 302. Limitation fund
1. Any person entitled to limit
liability in accordance with this Code may constitute a limitation fund to
claims subject to limitation. The fund shall be constituted in the sum of such
of the amounts set out in Article 301 hereof together with interest thereon
from the date of the occurrence giving rise to the liability until the date of
the constitution of the fund.
2. Any fund thus constituted shall
be shall be distributed among the claimants in proportion to their established
claims against the fund’s total value.
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4. After a limitation fund has been
constituted, any person shall be barred from infringement of any other rights
and assets of a person liable. Any property of a person liable which has been
arrested or any security given by such person may be released by order of the
Court.
5. If, before the fund is
distributed, the person liable, or any person entitled to limitation of
liability, has settled a claim against the fund such person shall, up to the
amount he has paid, acquire the rights by subrogation which the person so
compensated would have enjoyed under this Code.
6. The shipowner’s act of
establishing a limitation fund shall not constitute his admission of liability.
Chapter XVIII
MARITIME INSURANCE CONTRACTS
Section 1. GENERAL PROVISIONS
Article 303. Maritime insurance
contract
1. A contract of maritime insurance
refers to a contract of insurance against maritime risks whereby the assured is
bound to pay agreed premiums and the insurer undertakes to indemnify the
assured against maritime losses that fall under the insurance coverage in
manner and to the extent thereby agreed.
Maritime perils refer to the perils
consequent on, or incidental to, the navigation of the sea, including perils of
the seas, fire, explosion, war perils, pirates, thieves, seizures, captures,
restraints, detainments, jettisons, procurements, requisitions, acquisitions by
the Government, illegal acts and any other perils, either of the like kind or
which may be designated by the insurance contract.
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3. The maritime insurance contract
must be effected in writing.
Article 304. Subject of a
maritime insurance contract
1. The subject of a maritime
insurance contract refers to any pecuniary benefit relating to maritime
operations.
2. The subject of a maritime
insurance contract includes:
a) Sea-going ships, ships in course
of building, goods or any property are exposed to maritime perils;
b) Freight for carriage of goods,
charges for hiring or hiring and purchase of a ship, estimated interest on
goods, commissions, loans or security for any advance, expenses endangered by
the exposure of sea-going ships, ships in course of building, goods or any
other property to maritime perils;
c) Any liability may be incurred by
reason of maritime perils.
Article 305. Determination of
insurable interest
1. The person who has insurable
interest refers to the person who is interested in the subject of insurance in
a maritime adventure.
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3. The
assured must be interested in the subject-matter insured at the time of the
loss though he need not be interested therein when the insurance is effected.
Provided that where the subject-matter is
insured “lost or not lost,” the assured may recover although he may not have
acquired his interest until after the loss, unless at the time of effecting the
contract of insurance the assured was aware of the loss, and the insurer was
not.
Where
the assured has no interest in the subject of insurance at the time of the
loss, he cannot acquire interest by any act or election after he is aware of
the loss.
4. Where
the buyer of goods has insured them, he has an insurable interest,
notwithstanding that he might, at his election, have rejected the goods, or
have treated them as at the seller’s risk, by reason of the latter’s delay in
making delivery or otherwise.
5. A
partial interest of a ship, ship in course of building, goods or any other
property is insurable.
Article 306. Re-insurance
1. The
insurer may re-insure the subject matter which he has agreed to insure for
other person.
2. The reinsurance contract is
independent of the original insurance contract whereby the original insurer
remains responsible to the assured.
Article 307. Insurance policy or
certificate
1. Subject to the request of the
assured, the insurer is obliged to issue the insurance policy or certificate to
the assured. The insurance policy or certificate is the evidence that a
maritime insurance contract is effected.
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a) A voyage policy refers to an
insurance policy issued to the subject matter from one place to another or
other;
b) A time policy refers to an
insurance policy issued to the subject matter for a definite period of time;
c) A valued policy refers to a
policy under which the insurer agrees in advance to the value of the
subject-matter specified in the insurance policy that matches the insured
value, and which prevails in payment of indemnity for total or partial losses.
Determination of estimated total
loss must be subject to the value of the value specified in an insurance
contract and provisions laid down in Clause 1 Article 333 hereof, unless
otherwise agreed upon in the insurance policy;
d) An unvalued policy refers to a
policy which does not specify the value of the subject-matter insured, but
specify the sum insured therein.
3. A policy must specify the
following basic elements:
a) The name of the assured, or of
some person who effects the insurance on his behalf;
b) The subject matter insured;
c) The insurance condition;
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dd) The sum insured;
e) Place, day and month and time of
issuance of the policy;
g) Signature of the insurer.
4. Form and content of a policy
shall be applied to an insurance certificate.
Article 308. Obligations of the
assured
1. The assured is bound to provide
the insurer with all of information which he has known or must be known
relating to effecting of the insurance contract which may have effect on
determination of likelihood of any loss or decision of the insurer on his
consent to an insurance contract and insurance conditions, exclusive of
information that everybody knows or the insurer has known or must know.
2. Obligations of the assured
referred to in Clause 1 of this Article shall be applied to a person acting on
his behalf.
Article 309. Automatic
termination of a maritime insurance contract
A maritime insurance contract shall
be automatically terminated in the event that, on the date of effecting thereof,
any insurable loss has occurred or is not likely to occur in reality; in this
case, the insurer is not liable for indemnity but remains entitled to collect
insurance premiums specified in the insurance contract, except to the extent
that the insurer was aware of such event before the insurance contract is
effected.
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1. Where the assured intentionally
breaches obligations referred to in Article 308 hereof, the insurer shall be
entitled to terminate the insurance contract. Where the assured is not at fault
for inaccurate declaration or declaration failure in accordance with Article
308 hereof, the insurer shall not be entitled to terminate the insurance
contract, but shall be entitled to collect additional insurance premiums at a
reasonable rate.
2. Before any insurance coverage
commences, the assured may request termination of the maritime insurance
contract but is bound to pay the insurer administrative costs and the insurer
is bound to reimburse insurance premiums to the assured.
3. The insurer and assured shall
not be allowed to terminate the insurance contract after any insurance coverage
has been effected, unless otherwise agreed upon in the contract.
Where the insurance contract
specifies that it may be terminated after any insurance coverage commences and
the assured requests such termination, the insurer shall be entitled to collect
insurance premiums from the date of commencement of such insurance coverage to
the date of termination of such contract and the reimbursement shall be
calculated in proportion to the remaining time. Where the insurer requests
termination of the insurance contract, insurance premiums paid for the
remaining period of time shall be reimbursed to the assured from the date of
making the request for termination to the date of contract expiration.
4. Provisions of Clause 2 of this
Article shall not be applied to the case in which the assured requests
termination of the contract of insurance for goods and contract of voyage insurance
for ships after commencement of insurance coverage.
Section 2.
INSURED VALUE AND SUM INSURED
Article 311. Insured value
The insured value refers to the
actual value of the subject matter insured and is determined as follows:
1. The insured value of a ship
refers to the total value of such ship at the date of commencement of insurance
contract. This value includes value of machinery, equipment, spare parts of the
ship together with all of insurance premiums. Value of the ship additionally
includes advance wages paid to crew members and costs of making preparations
for a sea voyage as agreed upon in the contract;
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3. The insured value in respect of
this freight rate is the total monetary amount constituted by the freight rate
plus insurance premiums. Where the shipper buys insurance for the freight rate,
it is included in the insured value of goods;
4. The insured value of other
subject matter insured, except for civil liability, is the value of the subject
matter insured at the place and time of commencement of an insurance contract
plus insurance premiums.
Article 312. Sum insured
1. Upon effecting an insurance
contract, the assured must declare the sum insured for the subject matter
insured.
The sum insured is the sum that the
insurer must pay the assured when an occurrence took place.
2. Where the sum insured as agreed
upon in the insurance contract is less than the insured value, the insurer
shall be liable for indemnity against any loss in the ratio between the sum
insured and the insured value, including other costs covered.
3. Where the sum insured specified
in the insurance contract is greater than the insured value, the sum in excess
of the insured value shall not be admissible.
Article 313. Double insurance
1. Where
two or more policies are effected by or on behalf of the assured on the same
subject matter insured and maritime peril, and the sums insured exceed the
insured value, the assured shall be deemed to be over-insured by double insurance.
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Section 3.
ASSIGNMENT UNDER MARITIME INSURANCE CONTRACT
Article 314. Assignment of
policy
1. A
maritime policy is assignable unless it contains terms expressly prohibiting
assignment. It may be assigned either
before or after loss.
2. The person who has no interest
in the subject matter insured cannot assign any maritime policy.
Article 315. Assignment of
policy method
A marine insurance policy may be
assigned by endorsement by the assured or in accordance with commercial
practices.
Section 4. OPEN COVER INSURANCE
Article 316. Open cover
insurance
1. Open cover insurance is a line
of package insurance for the subject matter insured which is a single good or
several goods that the assured sends or receives during a specified period of
time.
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Article 317. Performance of open
cover contract
1. The assured in an open cover
contract shall be obliged to promptly notify the insurer after receiving
information relating to delivery or receipt of goods and each notification must
include name of the ship, voyage route, goods and sum insured, even to the
extent that goods have already been delivered or arrived at the port of
discharge before the insurer receives this notification.
2. Where the assured intentionally
or negligently fail to fulfill his obligations referred to in Clause 1 of this
Article, the insurer shall be entitled to terminate the open cover contract and
remain entitled to insurance premiums to the same extent that such contract is
performed.
Article 318. Termination of an
open cover contract
Parties shall be vested with the
right to terminate an open cover contract provided that they must notify each
other of such termination before a period of 90 days.
Section 5. PERFORMANCE OF
MARITIME INSURANCE CONTRACT
Article 319. Payment of
insurance premiums
The assured is bound to pay the
insurer insurance premiums immediately after the contract is effected or an
insurance policy or certificate is issued, unless otherwise agreed upon by
parties.
Article 320. Notice of increased
risk
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2. Where the assured breaches
regulations laid down in Clause 1 of this Article, the insurer shall be entitled
to refuse to indemnify a part of whole of the sum insured.
Article 321. Obligations of
assured in a loss
1. Where any loss relating to
maritime perils insured arises, the assured shall be obliged to take any
necessary measure to prevent and control such loss and ensure that the
insurer’s right of submission of claims against the person at fault for such
loss is exercised. Upon fulfilling this obligation, the assured must follow
sound instructions of the insurer.
2. The insurer shall not be liable
for any loss arising out of the assured’s neglect or willful failure to fulfill
his obligations referred to in Clause 1 of this Article.
Article 322. Insurer’s
liabilities for reimbursement
The insurer shall be responsible
for reimbursing the assured for reasonable and necessary costs spent by the
assured on prevention or control of loss covered; costs spent on implementation
of instructions of the insurer provided for in Article 321 hereof or costs
spent on defining causes and levels of such losses covered by the insurer as
well as contributions to general average losses. Such costs must be reimbursed
in the proportion of the sum insured and the insured value.
Article 323. Insurer’s
liabilities for indemnification
1. The insurer shall be liable for
indemnity against losses directly resulting from insurable risks covered by the
sum insured and reimbursement for costs referred to in Article 322 hereof, even
though the total sum payable to the assured may exceed the sum insured.
2. The insurer shall not be liable
for losses arising from willful acts or negligence of the assured but remain
responsible for indemnity against losses resulting from omission or fault on
the part of the master who is also the assured during his navigation,
management of the ship and losses arising through the fault of crew members or
pilots.
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4. Where any maritime peril covered
by an insurance contract occurs, the insurer may pay the entire sum insured to
be discharged from all of other liabilities under contractual terms and
conditions. In this case, the insurer is bound to send his notice of intent to
the assured within a period of 07 days from the date on which the notice of
maritime peril already occurring and its consequence delivered by the assured
is received; the insurer shall not be allowed to claim his right of ownership
of the subject matter insured to the extent that the total sum insured is less
than the insured value.
In addition to providing indemnity
for the total sum insured, the insurer shall be responsible for reimbursing
costs in order to prevent and minimize losses or repair or recovery of the
subject matter insured that paid by the assured prior to receipt of the notice
from the insurer.
Article 324. Cover against
successive losses
1. The
insurer is liable for successive losses, even though the total amount of such
losses may exceed the sum insured, unless the policy otherwise provides.
2. Where
a partial loss, which has not been repaired or otherwise covered, is followed
by a total loss, the assured can only recover in respect of the total loss.
3. Provisions set forth in Clause 1
and 2 of this Article shall not exclude the insurer from liabilities for
indemnification against costs incurred from his performance of policy
liabilities referred to in Article 323 hereof.
Article 325. Relief of insurer’s
liabilities
1. Unless otherwise agreed upon in
an insurance contract, when insuring a ship and freight, the insurer shall be
discharged from liability for losses arising out of the following
circumstances:
a) The ship is not seaworthy at the
time of departure, except to the extent that the ship contains latent defects
or unavoidable events take place even though the assured has exercised his due
care of this;
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2. Unless otherwise agreed upon in
an insurance contract, in insurance on goods, the insurer shall be discharged
from liability for losses arising out of the following circumstances:
a) Nature of goods;
b) Escape, discharge, wastage or
natural wear and tear of goods;
c) Insufficiency or defective
conditions of packing;
d) Delay in supply of goods.
3. Unless otherwise agreed upon in
an insurance contract, the insurer shall not be liable for losses of subject
matters insured resulting from wars or military acts to whatever extent and
consequences arising therefrom; extortions; commotions; strikes or losses
resulting from procurements, requisitions, acquisitions, arrests, destructions
of the ship or goods under any military orders or decisions of competent
authorities.
Section 6.
ASSIGNMENT OF RIGHT OF CLAIM FOR INDEMNITY
Article 326. Assignment of right
of claim for indemnity
When paying indemnity to the
assured, the insurer shall be vested with the right to claim back the sum which
he has been paid as indemnity against the person at fault for such losses
(hereinafter referred to as third party). The insurer shall enforce this right
in accordance with regulations on the assured.
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1. The assured shall be obliged to
provide the insurer with every news, materials and evidence that he possesses
and apply necessary measures to ensure that the insurer may enforce his right
of claim against third parties.
2. Where the assured fails to
secure his obligations referred to in Clause 1 of this Article or commits any
fault leading to the insurer's failure to exercise his right, the insurer shall
be entitled to discharge from obligations to pay indemnity or reduction in such
indemnity at a reasonable rate.
3. Where the assured has received
payment of indemnity against losses from the third party, the insurer shall be
bound to pay only differential between an amount of indemnity payable agreed
upon in the insurance contract and an amount of indemnity that the assured
received from the third party.
Article 328. Guarantee of
general average contribution
1. The insurer must sign a
guarantee of general average contribution that is restricted to an amount
falling within the sum insured by a commitment on general average contribution
made by the assured, unless otherwise agreed upon in the insurance contract.
2. When distributing general
average losses, the assured is obliged to exercise due care of the insurer’s
interests.
Section 7. ABANDONMENT OF
SUBJECT MATTERS INSURED
Article 329. Right of
abandonment of subject matters insured
1. The assured shall be entitled to
abandon any subject matter insured and assign the insurer his rights and
obligations related to such subject matter in order to receive any indemnity
against a total loss to the extent that total loss of such subject matter
insured is unavoidable or prevention of such loss may incur costs which are
much greater than the value thereof.
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3. Right of abandonment of subject
matter insured as referred to in Clause 2 of this Article shall be enforced on
goods, even if charges for repair or carriage of goods to the port of discharge
is much greater than the market price of such goods determined at the port of
discharge.
Article 330. Method of and
duration for exercise of right of abandonment of subject matters insured
1. Exercise of the right of
abandonment of a subject matter insured must be declared in writing whereby
bases for enforcement of right of abandonment thereof are clearly stated.
2. Declaration of abandonment of
the subject matter insured must be sent to the insurer within a reasonable
duration which does not exceed 180 days from the date on which the assured was
aware of events as bases for enforcement of right of abandonment, or within 60
days from the date of expiration of the insurance term to the extent that the
ship or any good is extorted or ownership thereof is lost due to other causes;
after the duration stipulated herein, the assured shall be deprived of the
right thereof but remain entitled to claim any indemnity against losses.
3. Any condition is not attached to
abandonment of the subject matter insured; if the abandonment is accepted,
neither the insurer nor the assured is entitled to change his decision.
Article 331. Obligations of
assured in declaration of abandonment of subject matter insured
In declaration of abandonment of
the subject matter, the assured is bound to provide the insurer with
information about the property ownership in respect of the subject matter
insured, other sums insured of which limits that the assured was aware.
Article 332. Duration for
insurer’s acceptance or waiver of abandonment of subject matter insured
1. Within duration of 30 days of
receipt of a declaration of abandonment of the subject matter insured, the
insurer is bound to notify the assured of whether such abandonment is accepted
or waived; after this duration, the insurer shall be subject to loss of his
right of waiver thereof.
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3. Where declaration of abandonment
of the subject matter insured is consistent with regulations but the insurer
rejects such abandonment, the assured shall remain entitled to claim for any
indemnity.
Article 333. Indemnity against a
total loss
1. An estimated total loss refers
to an loss arising out of damage to a ship or any good whereas such damage
causing the total loss is unavoidable or costs of repair or recovery thereof
exceed value of the repaired ship or the market price of such good determined
at the port of discharge; in this case, the assured must send a declaration of
abandonment of the subject matter insured to the insurer prior to claiming for
payment of the sum insured.
2. An actual total loss refers to a
loss resulting from total destruction of or damage to a ship or any good which
is unrecoverable, or missing ship along with goods on board; in this case, the
assured may claim coverage from the insurer for the sum insured without having
to declare abandonment of the subject matter insured.
3. Where a missing ship is the
insured ship under a fixed-term insurance contract, the insurer shall only be
liable for any indemnity if he receives the last information about that ship
prior to its expiration of coverage term. The insurer shall not be liable for
any indemnity if it is proved that the ship has gone missing after the coverage
term expires.
Article 334. Reimbursement for
sum insured
Where the insurer has paid
indemnity and the ship then escape from any maritime peril, the insurer shall
be entitled to request the assured to continue his ownership of such ship and
reimburse such given indemnity after indemnity against the partial loss of such
ship is deducted therefrom on condition that such partial loss is directly
consequential on maritime perils insured.
Section 8. CLAIM PAYMENT
Article 335. Liability to pay
claims
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Article 336. Statute of limitation
for submission of claims regarding a maritime insurance contract
The statute of limitation for
submission of a claim regarding maritime insurance contract lasts for 02 years
from the date on which any dispute arises.
Chapter XIX
RESOLUTION OF MARITIME DISPUTES
Article 337. Maritime disputes
Maritime dispute refers to any
dispute relating to maritime operations.
Article 338. Rules for
resolution of maritime disputes
1. Disputing parties may resolve
maritime disputes by entering into negotiations, agreements or submitting
claims to the competent Arbitration or Court.
2. Maritime disputes shall be
resolved by the Arbitration or Court in accordance with jurisdiction or
procedures provided for by laws and regulations.
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1. Where a maritime contract
includes at least one party that is the foreign organization or individual,
parties to such contract may negotiate about settlement of a dispute by an
overseas Arbitration or Court.
2. Where all parties involved in
any maritime dispute are foreign organizations or individuals and enter into a
written agreement on settlement of such dispute by a Vietnamese Court, that
Court shall be vested with authority to settle such dispute even when the
disputing place is located outside of the territory of Vietnam.
3. Any maritime dispute referred to
in Clause 2 of this Article may also be settled by the Vietnamese Court if
bases for establishment, change or termination of relationship between
disputing parties are consistent with the Vietnamese laws or property relating
to such relationship is located within the territory of Vietnam.
Chapter XX
IMPLEMENTATION [21]
Article 340. Effect
1. This Code comes into force from
July 01, 2017.
2. Vietnam Maritime Code 2005 shall
become null and void from the date of the entry into force of this Code.
Article 341. Elaboration
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CERTIFIED
BY
CHAIRMAN
OF THE OFFICE OF THE NATIONAL ASSEMBLY
Le Quang Tung