THE
MINISTRY OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
46/2011/TT-BGTVT
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Hanoi,
June 30, 2011
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CIRCULAR
ON
GRANT AND WITHDRAWAL OF CERTIFICATES OF INSURANCE OR FINANCIAL SECURITY UNDER
THE 2001 INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION
DAMAGE
Pursuant to the Vietnam
Maritime Code of June 14, 2005,
Pursuant to the Government's
Decree No. 51/2008/ND-CPof April 22, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Transport;
Pursuant to the 2001
International Convention on Civil Liability for Bunker Oil Pollution Damage to
which Vietnam is a contracting party;
The Minister of Transport
provides the grant and withdrawal of certificates of insurance or financial
security under the 2001 International Convention on Civil Liability for Bunker
Oil Pollution Damage as follows:
Chapter I
GENERAL PROVISIONS
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This Circular provides the grant
of certificates of insurance or financial security of civil liability for
bunker oil pollution damage under the 2001 International Convention on Civil
Liability for Bunker Oil Pollution Damage (below referred to as the Bunker
Convention 2001).
Article 2. Subjects of
application
This Circular applies to
Vietnamese and foreign organizations and individuals involved in the grant and
withdrawal of certificates of insurance or financial security of civil
liability for bunker oil pollution damage under the Bunker Convention 2001.
Chapter II
GRANT AND WITHDRAWAL OF CERTIFICATES OF INSURANCE OR
FINANCIAL SECURITY OF CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE
Article 3. Certificates of
insurance or financial security of civil liability for bunker oil pollution
damage
1. Certificates of insurance or
financial security of civil liability for bunker oil pollution damage (below
referred to as certificates) shall be granted by the national ship registry or
regional ship registries (below referred to as ship registries )specified in
Article 10 of this Circular to attest that insurance or other financial
security is in force and complies with the requirements provided in Article 7
of the Bunker Convention 2001.
2. The validity duration of a
certificate corresponds to the validity duration of the insurance policy or
financial security certificate granted to the ship.
3. A certificate shall be
granted in 1 (one) original to the ship owner and 1 (one) copy to be kept at
the ship registry.
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1. Vietnamese ships with a gross
tonnage of over 1,000 GT operating on international routes.
2. Vietnamese ships with a gross
tonnage of over 1.000 GT operating on domestic routes. Foreign ships with a
gross tonnage of over 1.000 GT may be granted certificates at ship owners'
request.
Article 5. Conditions for
obtaining certificates
The ships specified in Article 4
of this Circular have insurance policy or financial security of civil liability
for bunker oil pollution damage under the Bunker Convention 2001.
Article 6. Certificate
application dossiers
1. A certificate application
dossier comprises:
a/ An application of the ship
owner made according to the form provided in Appendix I to this Circular (not
printed herein}:
b/ The original insurance policy
or financial security certificate in compliance with the Bunker Convention
2001. In case of reinsurance, the original certificate of the concerned
reinsurer is required.
For an electronically issued
insurance policy or financial security or reinsurance certificate of civil
liability of the ship owner, the ship owner shall provide the address of the
official and lawful website of the issuing authority for examination:
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2. The dossier shall be
submitted in 1 (one) set.
Article 7. Dossier submission
mode
Ship owners shall submit
dossiers directly or by post to ship registries.
Article 8. Order of dossier
submission, receipt and processing
1. Order of dossier submission
and receipt:
a/ Ship owners shall submit
dossiers directly or by post to ship registries:
b/ Ship registries shall receive
dossiers directly from ship owners or by post.
2. Dossier processing:
a/ In case of direct submission:
The ship registry shall check the dossier under regulations, record it in the
dossier book and issue a written appointment for result notification according
to the time limit provided in Article 9 of this Circular:
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c/ For an invalid dossier: In
case of direct submission by the ship owner, the ship registry shall guide the
ship owner in completing the dossier under regulations. In case of submission
by post, within 2 (two) working days after receiving the dossier, the ship
registry shall send to the ship owner a written request for supplementation and
completion of the dossier:
d/ For an ineligible dossier
under regulations, within 3 (three) working days after receiving a dossier, the
ship registry shall issue a written reply clearly stating the reason.
Article 9. Time limit for
certificate grant
1. Within 3 (three) working days
after receiving a complete dossier under regulations, a ship registry shall
grant a certificate made according to the form provided in Appendix II to this
Circular (not printed herein).
2. A ship owner may receive the
certificate directly at a ship registry or by post.
Article 10. Certificate
granting agencies
Competent to grant certificates
are the national ship registry and regional ship registries, specifically as
follows:
1. The national ship registry is
the Vietnam Maritime Administration.
2. Regional ship registries
include:
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b/ Maritime Sub-Department in Ho
Chi Minh City;
c/ Maritime Administration of Da
Nang.
Article 11. Certificate
withdrawal
A granted certificate may be
withdrawn when:
1. It is tampered with,
modified, erased or misrepresented:
2. It is bought, sold, hired or
borrowed;
3. The certificate application
dossier contains untruthful information or deliberately modified or tampered
documents.
Article 12. Certificate fee
The certificate fee complies
with the Ministry of Finance's regulations and shall be paid at a ship registry
before receipt of the certificate.
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ORGANIZATION OF IMPLEMENTATION
Article 13. Responsibilities
of the Vietnam Maritime Administration and concerned organizations and persons
1. The Vietnam Maritime
Administration shall assume the prime responsibility for, and coordinate with
concerned agencies in. organizing the implementation of this Circular.
2. Ship owners and concerned
organizations and persons shall implement this Circular and the Bunker
Convention 2001.
Article 14. Effect
This Circular takes effect on
September 1, 2011.
Article 15. Organization of
implementation
The Chief of the Office, the
Chief Inspector and directors of departments of the Ministry. the director of
the Vietnam Maritime Administration, directors of Maritime Sub-Departments, the
director of the Maritime Administration of Da Nang, heads of concerned agencies
and organizations and concerned persons shall implement this Circular.-
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MINISTER
OF TRANSPORT
Ho Nghia Dung