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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
49/2006/ND-CP
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Hanoi,
May 18, 2006
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DECREE
Pursuant to the December 25, 2001 Law
on Organization of the Government;
Pursuant to Vietnam's Maritime Code of June
14, 2005;
At the proposal of the Minister of
Transport,
DECREES:
GENERAL PROVISIONS
Article
1.- Scope of regulation
1. This Decree provides for the
registration, purchase and sale of ships.
2. The
provisions of this Decree shall not apply to ship purchase and sale in the
following cases where:
a/ Ships are
purchased and sold at home;
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c/ Foreign ships
are coercively auctioned in Vietnam under
decisions of competent state bodies.
3. The
provisions of this Decree shall also apply to the registration, purchase and sale of public-duty ships.
Article
2.- Subjects of application
This
Decree shall apply to Vietnamese and foreign organizations and
individuals involved in ship registration, purchase and sale.
SHIP REGISTRATION
Article
3.- Vietnam ship registrars
Vietnam ship
registrars include the national ship registrar and regional ship registrars.
The national ship registrar is Vietnam Maritime Administration.
The director of Vietnam Maritime Administration shall
decide the regional ship registrars to be the Maritime Sub-Departments or Port
Authorities.
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1. To
guide and examine activities of Vietnam ship registration at regional
ship registrars.
2. To synthesize, list, maintain and update
databases related to 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.
5. To
perform other tasks according to regulations.
Article
5.- Tasks of regional ship registrars
1. To effect ship registration and ship mortgage
registration according to assigned scope and competence.
2. To
compile and manage Vietnam National Ships Registration Books in assigned
regions; to supply relevant information to interested organizations or
individuals.
3.
To collect, remit and use fees for ship registration and ship mortgage
registration according to regulations.
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5. To perform other tasks according to
regulations.
Article
6.- Forms of Vietnam ship registration
1. The ship registration covers
indefinite registration, time registration, re-registration and change
registration.
a/ Indefinite registration means the
registration of ships which satisfy all conditions for being granted Vietnam
ship registration certificates;
b/ Time
registration means the registration of ships for a given period of time;
the time registration shall apply to foreign ships chartered by Vietnamese
organizations or individuals under contracts for ship charter or hire-purchase or to foreign ships registered for a
given period of time in Vietnam;
c/ Re-registration means the registration of
ships which were previously registered in
Vietnam National Ships Registration
Books, but later the registration is suspended;
d/ Change
registration means the registration of ships
which have been already registered in Vietnam National Ships
Registration Books, but have seen changes
of ship names or shipowners, structures and technical particular,
regional ship registrars, ship registers.
2.
Provisional registration of ships means the ship registration in the
following cases where:
a/ Charges and/or fees have not yet been paid
under regulations;
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c/ The newly built ships are tested or
received for delivery to registration places on the basis of shipbuilding contracts;
d/ It is
so provided for by the Minister of Transport in special cases.
A certificate of provisional registration of
Vietnam ships provided for in this Clause
shall be valid for 180 days as from
the date of its issuance; in cases of force majeure circumstances, the
validity duration shall be decided by the Minister of Transport.
Article 7.- Permits
for temporarily flying Vietnamese flag
Where Vietnamese organizations or individuals buy foreign
ships as provided for in Clause 2, Article 6 of this Decree but have not yet
made provisional registration of ships in Vietnam, the diplomatic
representative offices or consulates of Vietnam in foreign countries shall
issue permits for temporarily flying Vietnamese flag in order to deliver the
ships home.
Article 8.- Limits of the ages of ships registered in Vietnam for the first
time
1. In case of first-time registration in
Vietnam, the used ships must be of the
following ages counting from the year of their construction:
a/ Not more
than 10 years, for passenger ships;
b/ Not more than 15 years, for ships of other
types.
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2.
For foreign ships coercively auctioned in
Vietnam under decisions of competent bodies, the ship ages specified in
Clause 1 of this Article shall not apply.
Article
9.- Naming of ships and registration port
1.
Ship names shall be given by shipowners,
which, however, must not coincide with the names of ships already
registered in Vietnam National Ships Registration Books.
2. Where ships are named after Vietnamese
historical figures or events, such must be approved by regional ship registrars
according to regulations.
3. Shipowners shall select port names for registration of their ships after the names of sea
ports in regions managed by regional ship registrars.
Article 10.- Ship registration dossiers
1. Indefinite
registration of ships
The dossiers to be submitted by ship owners
to regional ship registrars shall each
include the following papers:
a/
The ship registration declaration made according to the form in Appendix
I (not printed herein);
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c/ The
contract on transfer of ship ownership rights or contract on ship
building or other evidences of equivalent legal validity;
d/ Ship tonnage
certificate;
e/ Copies of charge and/or fee payment receipts;
f/ Copy of ship
classification certificate;
g/ Copy of business registration certificate or
copy of permit for setting up a
branch or representative office in Vietnam.
2. Time registration of ships
The dossiers to be submitted by shipowners to
regional ship registrars shall each include
the following papers:
a/ The
papers specified at Points a, d, f, g of Clause 1, this Article;
b/ The
certificate of suspension of registration;
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3. Re-registration
The dossiers to be submitted by shipowners to
regional ship registrars shall each include
the papers specified at Points a, d,
f, g of Clause 1 and Point b of Clause 1 or Point b of Clause 2 of this
Article.
4. Change registration
a/ Change of
ship names
The dossiers to be submitted by shipowners to
regional ship registrars shall include the
documents clearly stating the reasons for the change of ship names.
b/ Change of shipowners
The dossiers to be submitted by shipowners to
regional ship registrars shall each include
the papers specified at Points a, c, e, g, Clause 1 of this Article.
c/ Change of
structure and technical particulars
The dossiers to
be submitted by shipowners to regional ship registrars shall include the
documents clearly stating the reasons for
change of ship structure and
technical particulars, enclosed with certificates of technical safety related to the change of ship
structure and technical parameters
which were issued by ship registers.
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The dossiers to be submitted by ship owners
to regional ship registrars shall include
documents clearly stating the reasons for change of regional ship
registrars.
e/ Change of
ship register
The dossiers to be submitted by ship owners
to regional ship registrars shall include
documents clearly stating the reasons for change of ship register and the papers specified at Point e and f, Clause 1 of
this Article.
Article 11.- Dossiers
for provisional ship registration and dossiers for grant of permits for
temporarily flying Vietnamese flag
1. Provisional ship registration
a/ In
cases where charges and/or fees are not yet paid:
The dossiers to be submitted by shipowners to
regional ship registrars shall each include
the papers specified at Points a, b, c, d, f, g, Clause 1, Article 10 of
this Decree.
b/ In
cases where charges and/or fees are not yet paid and ship deregistration
certificates are not yet issued:
The dossiers to be submitted by shipowners to
regional ship registrars shall each include
the papers specified at Points a, c, d, f, g, Clause 1, Article 10 of this
Decree.
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The dossiers to be submitted by shipowners to
regional ship registrars shall each include
the papers specified at Points a, c, d, f, g, Clause 1, Article 10 of this
Decree. In cases where newly built ships are received
for delivery to registration places, the papers specified at Point b, Clause 1, Article 10 of this Decree are
additionally required.
2. Permits for
temporarily flying Vietnamese flag: The shipowners must comply with the
provisions of Clause 1 of this Article.
Article 12.- Dossiers of registration of ships under construction
The ship owners must submit to regional ship
registrars the following papers:
The papers specified at Points a and g,
Clause 1, Article 10 of this Decree.
The
ship-building contract.
3.
The written certification of installing ship backbone by shipyards.
Article 13.- Dossiers for registration of small ships
1. Small ships are those with the M.E. power
of under 75 kW, non-motorized ships with a total tonnage of under 50 GT or dead
weight of under 100 tons or the designed waterline length of under 20 meters.
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Shipowners must submit to regional ship
registrars the following papers:
a/ The papers specified at Points a, b, c, e,
g, Clause 1, Article 10 of this Decree;
b/ Ship technical safety inspection books.
Article 14.- Dossiers for deregistration or suspension of
ship registration
The shipowners must submit to regional ship
registrars the following papers:
1.
The ship deregistration or registration suspension declaration made according
the form in Appendix II (not printed herewith).
2. Certificate of Vietnam ship registration;
if not, the reasons therefor must be clearly stated.
3. The written
approval of ship deregistration by the ship
mortgagee under the provisions of Clause 2, Article 20 of Vietnam
Maritime Code.
Article 15.- Grant of ship registration certificates
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a/ Vietnam ship registration certificates
made according to the form in Appendix III (not printed herein);
b/ Registration suspension or deregistration
certificates made according to the form in Appendix IV (not printed herein);
c/ Time registration certificates made
according to the form in Appendix V (not printed herein);
d/ Provisional registration certificates made
according to the form in Appendix VI (not printed herein);
e/ Certificates
of registration of ships under construction, made according to the forms in
Appendix VII (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 clearly note
" re-grant", for cases where certificates are lost or torn, or
damaged.
3. Regional
ship registrars shall have to grant certificates specified in Clauses 1 and 2
of this Article within 5 working days after the receipt of complete valid
dossiers.
Section 3. REGISTRATION OF VIETNAM SHIP MORTGAGE
Article 16.- Places of
registration of Vietnam ship mortgage
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Article 17.- Dossiers
for registration of Vietnam ship mortgage
The dossiers for registration of Vietnam ship
mortgage shall be submitted by ship owners or ship mortgages to regional ship registrars, each including the
following papers:
1. The
ship mortgage registration declaration made according to the form in
Appendix VIII (not printed herein).
2. The ship
mortgage contract.
Article 18.- Dossiers for
deregistration of Vietnam ship mortgage
The dossiers for deregistration of Vietnam
ship mortgage shall be submitted by ship owners or ship mortgages to regional ship registrars, each including the
following papers:
1. The ship mortgage deregistration
declaration made according to the form in
Appendix IX (not printed herein).
2. The Vietnam ship mortgage registration certificate made according to the form in
Appendix X (not printed herein).
3. The ship mortgage's written consent on
ship demortgage.
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Regional
ship registrars must record in the Vietnam National Ships Registration
Books the mortgage registration or the
mortgage deregistration immediately after
the receipt of complete valid dossiers and within 3 working days must
grant Vietnam ship mortgage registration certificates or Vietnam ship mortgage deregistration certificates, made according to
the form in Appendix XI (not printed herein).
Section 4. REGISTRATION OF VIETNAMESE ORGANIZATIONS' OR INDIVIDUALS'SHIPS FLYING FOREIGN FLAGS
Article 20.- Registration of ships flying foreign flags
Ships owned by
Vietnamese organizations or individuals can
be registered for flying foreign flags in the following cases where:
1. Ships operating on the basis of ship
charter contracts or ship hire-purchase contracts signed between Vietnamese organizations or individuals
and foreign organizations or individuals.
2. It is so
decided by the Minister of Transport.
SHIP
PURCHASE, SALE
Article 21.- Order and procedures for formation of projects and
competence to decide on ship purchase or sale
The order
and procedures for formation of projects and the competence to decide on ship purchase and sale shall comply
with the provisions of investment law.
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The
ship purchase and sale with State capital shall be carried out in form
of competitive offers.
Article 23.- Conditions on import of ships
1.
Ships imported for use must satisfy the
following conditions:
a/ Being
fully eligible for Vietnam ship registration under the provisions of Article 16 of Vietnam Maritime Code and
the provisions of this Decree;
b/ Being inspected
and certified by Vietnam Register as having technical conditions suitable to
requirements of maritime safety and environmental pollution prevention under
the provisions of Vietnamese law and
relevant treaties; where the ships' technical conditions are inspected
and certified by foreign independent experts, the certifications of Vietnam
Register is also required;
c/ Having decisions of competent authorities
on ship purchase or sale.
2.
Ships imported for dismantlement must satisfy the following conditions:
a/ Being not allowed for repair,
transformation or restoration for use for other purposes;
b/ Having the dismantlement plan, measures
for fire and explosion prevention and fighting as well as environmental
pollution prevention, which are approved by competent bodies;
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Article 24.- Procedures for ship import and export Based
on ship sale or purchase decisions, contracts and ship handover minutes, the
customs offices shall have to carry out procedures for ship import or export.
IMPLEMENTATION PROVISIONS
Article 25.- Implementation effect
1. This Decree
takes effect 15 days after its publication in "CONG BAO" and annuls
the Government's Decree No. 91/CP of August
23,1997, promulgating the Regulation on ship and crew registration,
Decree No. 23/2001/ND-CP of May 30, 2001, amending and supplementing a number
of articles of the Regulation on ship and
crew registration, promulgated together with the Government's Decree No.
91/CP of August 23, 1997, and Decree No. 99/ 1998/ND-CP
of November 28,1998, on management of ship purchase and sale.
2. To promulgate together with this Decree 11
appendices (not printed herein).
3. Assorted certificates, permits related to
ship purchase and sale registration, which were already granted to ships under
the Decrees mentioned in Clause 1 of this Article remain valid for use.
Article 26.- Organization of implementation
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
Phan Van Khai