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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
29/2009/ND-CP
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Hanoi,
March 26, 2009
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DECREE
ON SEAGOING SHIP REGISTRATION, PURCHASE AND SALE
THE GOVERNMENT
Pursuant to the December 25, 2001
Law on Organization of the Government;
Pursuant to Vietnam's Maritime Code of June 14, 2005;
Pursuant to the November 29, 2005 Enterprise law;
Pursuant to the November 29, 2005 Investment law;
Pursuant to the November 29, 2005 Bidding Law;
At the proposal of the Minister of Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
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2. This Decree does not apply to
ship purchase and sale in the following cases:
a/ Ships built by Vietnamese
enterprises under shipbuilding contracts signed with foreign organizations or
individuals.
b/ Foreign ships coercively
auctioned in Vietnam under decisions of competent state agencies.
c/ Ships used for defense and
security purposes and nuclear powered ships.
3. This Decree also applies to
the registration, purchase, sale and building of public-duty ships.
Article 2.
Subjects of application
This Decree applies to
Vietnamese and foreign organizations and individuals involved in ship
registration, purchase and sale.
Article 3.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
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2. Ship purchase and sale
project means a project to purchase and sale one or more than one ship,
including a shipbuilding project.
3. Ship purchaser and seller
means organizations and individuals purchasing and selling a ship.
4. State capital means
development investment capital from the state budget, credit capital guaranteed
by the State, development investment capital credit of the State and other
investment capital of the State.
5. Ship purchase and sale
contract means a contract on purchase and sale of one or more than one ship,
including a shipbuilding contract.
6. Ship purchase loan contract
means a specific contract whereby the ship purchaser and seller agree to use a
credit loan possibly provided by the ship seller to the purchaser for
purchasing a ship accompanied with conditions to secure the purchaser's payment
liability specified in the contract.
7. Small ship means a motor ship
with main engine power of under 75 kW, a non-motor ship with a gross tonnage of
under 50 GT or a dead weight of under 100 tons or a design waterline of under
20 m.
Chapter II
SHIP REGISTRATION
Section I.
VIETNAM SHIP REGISTRARS
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1. The national ship registrar,
which is Vietnam Maritime Administration.
2. Regional ship registrars,
which are maritime sub-departments or port authorities decided by the director of
Vietnam Maritime Administration.
Article 5.
Tasks of the national ship registrar
1. To guide and examine Vietnam
ship registration activities at regional ship registrars.
2. To sum up, make statistics
on, maintain and update a database on ship registration and ship mortgage
registration; to supply relevant information to interested organizations or
individuals.
3. To perform the unified
management of the printing and issuance of ship registration certificates and
ship mortgage registration certificates.
4. To enter into international
cooperation on ship registration.
Article 6.
Tasks of regional ship registrars
1. To effect ship registration
and ship mortgage registration according to their assigned competence.
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3. To collect, remit and use
fees for ship registration and ship mortgage registration according to law.
4. To build databases, make
statistics and reports on ship registration and ship mortgage registration.
Section 2.
VIETNAM SHIP REGISTRATION
Article 7.
Forms of Vietnam ship registration
1. Indefinite registration means
registration of ships which are eligible for being granted Vietnam ship
registration certificates.
2. Time registration means
registration of ships for a given period of time; time registration is
applicable to foreign ships chartered by Vietnamese organizations or
individuals under bareboat charter or hire-purchase contracts or to foreign
ships registered for a given period of time in Vietnam.
3. Re-registration means
registration of ships which were previously registered in the Vietnam National
Ships Registration Book, but later the registration of which is suspended.
4. Change registration means
registration of ships which have been registered in the Vietnam National Ships
Registration Book, but have seen changes in their name or shipowner, structure
and technical particulars, regional ship registrar or ship register.
5. Provisional registration of
ships means ship registration in the following cases:
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b/There is no ship
deregistration certificate yet but there is a commitment in the ship purchase
and sale contract that the seller shall hand over the ship deregistration
certificate to the purchaser within 30 days after the minutes on ship handover
is signed. In this case, the certificate of provisional registration of Vietnam
ship is valid only from the date the purchaser and seller sign the handover
minutes;
c/ A newly built ship is tested
or received for delivery to the registration place on the basis of the
shipbuilding contract;
d/ It is so decided by the
Minister of Transport in special cases.
e/ A certificate of provisional
registration of Vietnam ship mentioned in this Clause is valid for 180 days
from the date of its issuance.
In case the certificate of
provisional registration of Vietnam ship expires when the ship cannot yet
arrive in Vietnam for carrying out official registration procedures, the
regional ship registrar that has issued the certificate may extend it only once
for not more than 180 days from the date of its issuance.
After the expiration of the
extended validity duration of the certificate of provisional registration of
Vietnam ship, if the ship cannot yet arrive in Vietnam for carrying out
official registration procedures for force majeure reasons, extension of the
duration of provisional registration shall be decided by the Minister of Transport.
Article 8.
Permits for provisional sailing under Vietnamese flag
In case Vietnamese organizations
or individuals buy ships of foreign organizations or individuals but have not
yet made provisional registration for the ships under Clause 5, Article 7 of
this Decree, the diplomatic missions or consulates of Vietnam in the foreign
countries where the ships are handed over shall issue permits for provisional
sailing under Vietnamese flag in accordance with Appendix XII to this Decree
(not printed herein) in order to deliver the ships home.
A permit for provisional sailing
under" Vietnamese flag is only valid during the time of taking the ship
from the place of handover to a Vietnamese port for completing registration
procedures as stipulated in this Decree.
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1. In case of first-time
registration in Vietnam, used ships must be of the following ages counting from
the year of their building:
a/ Not more than 10 years, for passenger
ships;
b/ Not more than 15 years, for
ships of other types.
In special cases, the ship age
shall be decided by the Minister of Transport but must not be 5 years higher
than the maximum age prescribed for each type of ship at Points a and b of this
Clause.
2. For foreign ships coercively
auctioned in Vietnam under decisions of competent agencies, the ship ages
specified in Clause 1 of this Article do not apply.
3. For foreign ships purchased
by loan or hire-purchase method by Vietnamese organizations or individuals,
after the expiration of the period of registration of flying foreign flag, they
may change to registration of flying Vietnam flag provided tha: at the time of
signing of the loan or hire-purchase contract, their age is compliant with Clause
1 of this Article.
Article 10.
Naming of ships and registration ports
Ship names may be given by
shipowners, which, however, must not identical with the names of ships already
registered in the Vietnam National Ships Registration Book.
2. In case ships are named after
historical figures or events, such must be approved by regional ship registrars
according to regulations.
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Article 11.
Ship registration dossiers
1. Indefinite registration of
ships
A dossier for indefinite
registration of a ship comprises:
a/ The ship registration
declaration, made according to the form in Appendix I to this Decree (not printed
herein);
b/ The ship deregistration
certificate or ship pre-acceptance test and handover minutes, for a newly built
ship;
c/ The ship purchase and sale or
building contract or other evidence of equivalent legal validity on ship
ownership transfer;
d/ The ship tonnage certificate;
e/ Photocopies of charge and fee
payment receipts (accompanied with the originals for comparison);
f/ A photocopy of the ship
classification certificate (accompanied with the original for comparison);
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If the shipowner is a Vietnamese
individual, a copy of his/her identity card or permanent residence certificate
is required.
2. Time registration of ships
A dossier for time registration
of a ship comprises:
a/ The papers specified at
Points a. d. f and g. Clause 1 of this Article;
b/ The registration suspension
certificate;
c/ A copy of the ship
hire-purchase or bareboat charter contract.
3. Re-registration of ships
A dossier for re-registration of
a ship comprises the papers specified at Points a. d. f and g. Clause 1 and
Point b. Clause 1 or Point b. Clause 2 of this Article.
4. Change registration
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A dossier for registration of renaming
of a ship comprises a document stating the reason for the renaming, and the
ship registration certificate.
b/ Change of shipowner
A dossier for registration of
shipowner comprises the papers specified at Points a, c. e and g, Clause 1 of
this Article.
c/ Change of structure and
technical particulars
A dossier for registration of
structure and technical particulars comprises:
- A document stating the reason
for change of ship structure and technical particulars;
- Certificates of technical
safety related to the change of ship structure and technical particulars which
were issued by a ship register.
d/ Change of ship registrar
A dossier for registration of
change of ship registrar comprises a document stating the reason for change of
regional ship registrar, and the ship registration certificate.
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A dossier for registration of
change of ship register comprises:
- A document clearly stating the
reason for change of ship register;
- The papers specified at Points
d and f. Clause 1 of this Article.
Article 12.
Dossiers for provisional ship registration and dossiers for grant of permits
for provisional sailing under Vietnamese flag
1. Provisional ship registration
a/ In case charges and fees are
not yet paid, a dossier for provisional ship registration comprises the papers
specified at Points a. b, c, d, f and g. Clause 1, Article 11 of this Decree.
b/ In case charges and fees are
not yet paid and the ship deregistration certificate is not yet issued, a
dossier for provisional ship registration comprises the papers specified at
Points a, c, d, f and g. Clause 1, Article 11 of this Decree.
c/ In case a newly built ship is
tested or received for delivery to the registration place under a ship building
contract, a dossier for provisional ship registration comprises the papers
specified at Points a, c, d, f and g, Clause 1, Article 11 of this Decree.
In case a newly built ship is
received for delivery to the registration place, the papers specified at Point
b, Clause 1, Article 11 of this Decree are additionally required.
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Article 13.
Dossiers for registration of ships under construction
A dossier for registration of a
ship under construction comprises:
1. The papers specified at
Points a and g. Clause1, Article 11 of this Decree.
2. The shipbuilding contract.
3. The written certification of
the ship backbone placement by the shipyard.
Article 14.
Dossiers for registration of small ships
A dossier for registration of a
small ship comprises:
1. The papers specified at
Points a, b. c, e and g, Clause 1, Article 11 of this Decree.
2. Ship technical safety
inspection book.
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A dossier for ship registration
suspension or deregistration comprises:
1. The ship registration
suspension or deregistration declaration, made according the form in Appendix
II to this Decree (not printed herein).
2. The certificate of Vietnam
ship registration. If the certificate is unavailable, the reason therefor must
be specified.
3. The written approval of ship
registration suspension or deregistration by the ship mortgagee under Clause 2,
Article 19 of Vietnam's Maritime Code.
Article 16.
Grant of ship registration certificates
1. Regional ship registrars may
grant the following certificates:
a/ Vietnam ship registration
certificates, made according to the form in Appendix HI to this Decree (not
printed herein);
b/ Registration suspension or
deregistration certificates, made according to the form in Appendix IV to this
Decree (not printed herein);
c/ Time registration
certificates, made according to the form in Appendix V to this Decree (not
printed herein);
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e/ Certificates of registration
of ships under construction, made according to the forms in Appendix VII to
this Decree (not printed herein).
2. Regional ship registrars
shall base themselves on the archived dossiers to re-grant ship registration
certificates with the old registration numbers and note down the word
"re-grant", for lost, torn or damaged certificates.
3. Regional ship registrars
shall grant certificates specified in Clauses 1 and 2 of this Article within 5
working days after receiving complete and valid dossiers. In case of refusal to
grant a certificate, they shall notify in writing shipowners thereof.
Section 3.
REGISTRATION OF VIETNAM SHIP MORTGAGES
Article 17.
Places of registration of Vietnam ship mortgages
Vietnam ship mortgages can be
registered at regional ship registrars where the ships concerned are
registered.
Article 18.
Dossiers for registration of Vietnam ship mortgages
A dossier for registration of
Vietnam ship mortgage comprises the following papers:
1. The ship mortgage
registration declaration, made according to the form in Appendix VIII to this
Decree (not printed herein).
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Article 19.
Dossiers for deregistration of Vietnam ship mortgage
A dossier for deregistration of
Vietnam ship mortgage comprises the following papers:
1. The ship mortgage
deregistration declaration, made according to the form in Appendix IX to this
Decree (not printed herein).
2. The Vietnam ship mortgage
registration certificate, made according to the form in Appendix X to this
Decree (not printed herein).
3. The ship mortgagee's written
approval of ship demortgage.
Article 20.
Grant of Vietnam ship mortgage registration certificates or Vietnam ship
mortgage deregistration certificates
Regional ship registrars shall
record in the Vietnam National Ships Registration Book the mortgage
registration or the mortgage deregistration immediately after receiving complete
and valid dossiers, and shall, within 3 working days, grant Vietnam ship
mortgage registration certificates or Vietnam ship mortgage deregistration
certificates, made according to the form in Appendix XI to this Decree (not
printed herein). In case of refusal to grant a certificate, they shall notify
in writing shipowners thereof.
Article 21.
Registration of mortgage extension
Registration of mortgage
extension complies with Articles 17, 18, 19 and 20 of this Decree.
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Article 22.
Registration of ships flying foreign flag
1. Ships owned by Vietnamese
organizations or individuals can be registered for flying foreign flag in the
following cases:
a/ Ships purchased or
hire-purchased from foreign countries but ineligible for registration in the
Vietnam National Ships Registration Book under Article 16 of Vietnam's Maritime
Code and this Decree.
b/ Ships operated on the basis
of ship bareboat charter contracts or hire-purchase contracts signed between
Vietnamese organizations or individuals and foreign organizations or
individuals for which ownership registration must be retained in the Vietnam
National Ship Registration Book.
2. Procedures for registration
for flying foreign flag for Vietnamese ships
a/ The shipowner shall make ship
registration suspension or deregistration under Clauses 1 and 2, Article 15 of
this Decree;
b/ The regional ship registrar
shall carry out procedures for registration suspension or deregistration of
flying of Vietnamese flag, withdraw the Vietnam ship registration certificate
and grant a new Vietnam ship registration certificate indicating the
registration of ship ownership.
Article 23.
Procedures for registration of foreign ships purchased by Vietnamese
organizations and individuals and registered for flying foreign flag
1. In case Vietnamese
organizations or individuals only register for flying foreign flag but do not
register for ship ownership in foreign countries, they shall make ship
ownership registration at regional ship registrars.
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a/ A written request for
registration of ship ownership;
b/ A copy of the ship
registration certificate;
c/ A copy of the ship purchase
and sale contract or lawful paper evidencing ship ownership.
3. Within 5 working days after
receiving complete and valid dossiers, regional ship registrars shall grant
Vietnam ship registration certificates indicating ship ownership registration.
In case of refusal, they shall notify in writing shipowners thereof.
Chapter
III
SHIP PURCHASE, SALE AND
BUILDING
Article 24.
Principles on ship purchase, sale and building
1. Ship purchase, sale and building
are a specific investment activity. The order and procedures for investment in
ship purchase, sale and building comply with Vietnam's Maritime Code and this
Decree.
2. Ship purchase, sale and
building projects must comply with the sectoral development master plans and
the national ship fleet; ensure conditions on maritime safety and security and
environmental pollution prevention and control in accordance with Vietnamese
law and relevant treaties to which the Socialist Republic of Vietnam is a contracting
party.
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Ship purchase, sale and building
projects shall be classified by source of capital as follows:
1. Projects funded with 30% or
more of state capital, referred to as state-funded projects.
2. Projects funded with
non-state capital or less than 30% of state capital, referred to as
non-state-funded projects.
Article 26.
Forms of ship purchase, sale and building
1. For state-funded ship
purchase and sale projects:
a/ Ship purchase and sale between
Vietnamese and foreign organizations or individuals shall be conducted in the
form of competitive offers in accordance with international practices from at
least 3 (three) offerers such as shipowners or ship charterers, ship managers,
ship operators, brokers and shipbuilding yards;
b/ Ship purchase and sale
between Vietnamese organizations and individuals shall be conducted in the form
of auction or competitive offer in accordance with international practices.
2. State-funded shipbuilding
projects shall be implemented with competitive offers from at least 3
shipbuilding yards or their representatives.
3. For non-state-funded ship
purchase, sale and building projects, concerned organizations and individuals
shall decide on the form of ship purchase, sale and building.
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For state-funded ship purchase,
sale and building projects, the following process must be complied with:
1. Selecting ships or ship
purchasers and shipbuilding yards.
2. Elaborating and submitting
for approval ship purchase, sale and building projects.
3. Deciding on ship purchase,
sale and building.
Article 28.
Competence to decide on ship purchase, sale and building
1. For state-funded ship
purchase, sale and building projects:
a/ Ministers, heads of
ministerial-level agencies or government-attached agencies, presidents of
People's Committees of provinces and centrally run cities, boards of directors
of state groups and corporations (set up by the Prime Minister) may decide on
investment in projects capitalized at VND 75 billion or more.
b/ Directors of general
departments or departments under ministries or state corporations (decided by
ministers) may decide on investment in projects capitalized at under VND 75
billion.
For projects not yet included in
approved sectoral master plans, investors shall report them to relevant line
ministries for investment decision.
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Article 29.
Ship purchase, sale and building dossiers
1. A ship purchase dossier
comprises:
a/ A report on ship purchase;
b/ The ship purchase project,
indicating the necessity of investment, type of ship, quantity and basic
technical specifications of the ship, estimated ship price, funding source for
ship purchase, form of ship purchase, method of operation, economic benefits
and other necessary issues;
c/ A copy of the ship
registration certificate;
d/ The report on technical
survey of the ship, made by Vietnam or foreign register or international ship
surveyor designated by the ship purchaser and seller and accredited by Vietnam
register;
e/ The ship's copies of
certificates of maritime safety and environmental pollution prevention and
control which are issued by a competent register;
f/ The loan guarantee agreement,
if so requested by the ship seller or loan provider.
2. A ship sale dossier
comprises:
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b/ A copy of the Vietnam ship
registration certificate indicating the ship ownership status;
c/ The ship's copies of
certificates of maritime safety and environmental pollution prevention and
control which are issued by a competent register;
3. A ship building dossier
comprises:
a/ A report on ship building;
b/ The ship purchase project,
indicating the necessity of shipbuilding, projected shipbuilding yard, time of
building and delivery of the ship, total investment, investment source structure;
payment method and schedule, basic technical specifications of the ship, method
of operation, economic benefits and other necessary issues;
c/ The basic ship design
dossier;
d/ Principal provisions of the
draft contract or equivalent written agreement;
e/ The loan guarantee agreement,
if so requested by the ship seller or loan provider.
4. For non-state-funded ship
purchase, sale and building projects, concerned organizations and individuals
shall decide on their dossiers, except for ship purchase projects which must
comply with Points c, d and e. Clause 1 of this Article.
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On the basis of ship purchase,
sale and building dossiers specified in Article 29 of this Decree, competent
persons defined in Article 28 of this Decree may decide on ship purchase, sale
and building.
Article 31.
Responsibilities and powers of ship purchasers, sellers and builders
1. Ship purchasers, sellers and
builders shall take responsibility for:
a/ The truthfulness and
lawfulness of documents in the ship purchase, sale or building dossier
submitted to the organization or individual competent to decide on ship
purchase, sale or building;
b/ The genuineness and technical
quality of the ship, ship purchase and sale or building cost and financial
conditions of the ship purchase, sale and building project;
c/ The terms of the draft
contract on ship purchase, sale or building. They may officially sign the
contract only after obtaining approval of the organization or individual
competent to decide on ship purchase, sale or building.
2. Ship purchasers, sellers and
builders have the following powers:
a/ To directly negotiate and
sign the contract on ship purchase, sale or building. And carry out procedures
for handover and receipt and import and export of ships in line with competent
authorities' ship purchase, sale and building decisions;
b/ If finding it necessary, to
hire project elaboration consultants or entrust others to carry out procedures
for handover and receipt and import and export of ships.
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On the basis of ship purchase,
sale and building decisions and contracts, written records of handover and
receipt of ships and Vietnam Register's certificates of the technical conditions
of ships, customs offices shall carry out ship import and export procedures.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 33.
Effect
1. This Decree takes effect on
June 1, 2009, and replaces the Government's Decree No. 49/ 2006/ND-CPof May 18,
2006, on ship registration, purchase and sale.
2. This Decree is attached with
12 appendices (not printed herein).
Article 34.
Organization of implementation
1. The Ministry of Finance shall
specify the collection, remittance and use of ship registration and mortgage
fees.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal People's Committees shall have to implement
this Decree.-
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ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung